Slashdot Mirror


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."

110 of 455 comments (clear)

  1. Microsoft - what a trip by ChaoticChaos · · Score: 5, Interesting

    How to make a non-proprietary format (XML) proprietary. Gee, wouldn't it just be simpler to cut XML out of Office entirely than to throw legions of lawyers and patents at it?

    I can see the headlines now - "RIAA and Microsoft make double bust - RIAA found illegal MP3s and Microsoft found someone using XML output from Office".

    Microsoft - "How far do you want your head up your backside today?"

    1. Re:Microsoft - what a trip by yiantsbro · · Score: 3, Interesting

      What really pisses me off is all of the tighter restrictions seem to just be pushing us back in time.

      There was a time when information--which does indeed equal power--was held by only a few elite groups (roalty, religious, etc.). Most of the worlds population at that time had to rely on them to hand out scraps of information.

      Once everything is protected (including collected volumes of information) and accessible only by the already rich and powerfull, there will be little opportunity for others to follow.

  2. 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 Black+Parrot · · Score: 2, Interesting


      > I knew this was coming.

      I also predicted it, I think the day Slashdot first announced that MS was going to use XML for Word. This is utterly unsurprising.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. 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.

    4. Re:Ha! by blowdart · · Score: 5, Informative

      I'm sure Sun and the W3C would be interested in that claim

      This version:
      http://www.w3.org/TR/2001/WD-soap12-20010709/
      Latest version:
      http://www.w3.org/TR/soap12/
      Editors:
      Martin Gudgin (DevelopMentor)
      Marc Hadley (Sun Microsystems)
      Jean-Jacques Moreau (Canon)
      Henrik Frystyk Nielsen (Microsoft Corp.)

    5. Re:Ha! by Anonymous Coward · · Score: 3, Interesting

      Yeah! Right on!

      Microsoft, a convicted monopolist who are operating under various restrictions including allowing interoperability between competing products and their own, make a specific move designed to block interoperability between competing products and their own, therfore setting themselves up for a direct breach of the DOJ setlement and we should all be cheering? Yeah, that must be it.

      Hey, I have no problem with Microsoft patenting anything they invent. More power to them. What we're worried about is that they will not licence those patents in a fair manner (I don't even mean "For free" You don't always get a free lunch as much as many Slashdoters would like to think). If Microsoft refuse to licence these patents, or use them as a bargaining peice to extract licences on other technology then that is bad.

      Like it or not people do need to exchange information, they do use defacto standard Office formats to do it, and we do need to have software other than Microsoft Office which can read and write those formats. Just saying "Hey, don't use Office format documents!" is myopic and stupid.

    6. Re:Ha! by w128jad · · Score: 5, Informative
      I use C# and the CLI , theyre ECMA specified. I wont use MS's fantasy web shit either, use SOAP, its standard. But I will use C# and the CLI.
      Standard in this case doesn't mean free from IP protection such as patents. In fact, Microsoft chose the ECMA specifically because of the ECMA's policy on patent.
      They will accept any standard, including patented IP.

      Here's the General Declaration:
      The General Assembly of Ecma shall not approve recommendations of Standards which are covered by patents when such patents will not be licensed by their owners on a reasonable and non-discriminatory basis.
      You may be subject to any license that Microsoft wishes, and licensing fees for use of the CLI, .net, etc.
      --
      w2^7me out.
    7. Re:Ha! by Peaker · · Score: 2, Interesting
      are an excellent language (C#)

      Huh?

      In terms of development speed:

      Compare it to Java and it is pretty much the same.

      Compare it to Python and its way behind.

      The only reason the people I know use it is for all the RAD development wizards, not because C# is a good language. This too, I presume, because they have not tried using the Qt designer and pyqt.

    8. Re:Ha! by You're+All+Wrong · · Score: 2, Informative

      There's not any need to even CDATA it.

      <?xml version="1.0" encoding="utf-8">
      <word-document>
      <snookies pif="akf3654FHQewr">
      <proing>A34Fg3HHF</proing>
      1258761928827754929587 6299391772466581821756165226 476
      <boozum/>
      946238254310923750954368321876103513712 731636
      </snookies>
      </word-document>

      is equally unusable by outside applications. XML doesn't specify semantics. Of course, the more features of the document that are propagated up to the XML level, the less there is to reverse engineer, but if they're going to patent the semantics, then they don't care if people reverse engineer it - that's simply a chance for their lawyer department to become a cash cow again.

      YAW.

      --
      Your head of state is a corrupt weasel, I hope you're happy.
    9. Re:Ha! by Progman3K · · Score: 2, Interesting


      > How long will it be before parts of the .Net Web Services XML formats are proprietary as well?

      It is shocking when you consider .NET is really only MS's J++, but renamed "Dot Net".

      When Sun won in their Java suit against Microsoft, no one expected Microsoft would simply take their offending product, make it even MORE pure-Java un-compliant rename it "Dot Net" and come back charging with it.

      The answer is simple:

      Dot Net - Just say NO.

      Bah, no real worries here, Microsoft is already dead and they just don't know it. The only real problem is all the damage they'll try and cause on the way down.

      We have to mobilize our OWN lobbyists and stop Microsoft from strangling the U.S.'s I.T. industry!

      --
      I don't know the meaning of the word 'don't' - J
    10. Re:Ha! by sisukapalli1 · · Score: 2, Interesting

      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?

      The people who develop using .Net can actually have it both ways. They can use the stuff from the open source community while still not contributing much (leeching). If the parts are proprietary, they will use an M$FT supplied .Net class to handle the data.

      It has always been a case that people who are "friendly" towards unfair governments or organizations benefit more (at least in the short term, monetary sense). Just like the people who bought SCO stock at a couple of bucks when the lawsuit was announced.

      They are not definitely insane.

      S

    11. 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.
  3. 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 Mr.+Hankey · · Score: 3, Informative

      Those extra, proprietary, and incompatible Kerberos fields in W2k+ for one. I think they put those in just to make my life difficult. Of course, it wouldn't have mattered if they'd simply made their proprietary extensions open without having to sign some bizarre NDA...

      --
      GPL: Free as in will
    2. Re:Yet Again by miu · · Score: 5, Informative
      Got another example of an open technology Microsoft has made proprietry?

      You cannot generally make an open standard proprietary, what MS is good at is "damage and dillition" of an open standard. The enhancements, bugs, and misfeatures contained in MS implementations of open technolgies tend to become de facto extensions to the standard.

      Examples:

      • PPP
      • HTML
      • mpeg4
      • SMB
      • SIP
      • Kerberos
      • DNS
      • ecmascript
      They have varying degrees of success with this tactic, and to be fair most vendors do the same thing - but because of the market pentration that MS enjoys they are more successful at it than most. Proprietary lock in and vendor bashing is bad enough, once patents are added to the mess MS becomes truly evil in this area.
      --

      [Set Cain on fire and steal his lute.]
    3. Re:Yet Again by miu · · Score: 5, Informative
      Yeah, if only Microsoft didn't hold a gun to the heads of the companies using their software and it was all just a level playing field.

      That is why I state that there are different was in which MS extends open standards.

      enhancements. If MS offers an easier way to pop open a window in ecmascript and documents it at msdn then lots of people will use it. No one is forcing those developers to use the MS extension, but users of the products of those developers and the developers of implementations that need to interoperate are dragged along for the ride.

      bugs. If protocol x has a configuration negotiation sub-protocol and the MS implementation has a bug in its state transitions then all vendors must support work arounds for the MS implementation to avoid being seen as broken themselves.

      misfeatures. MS often adds features that are not properly thought out and change the operation of a protocol in such a way as to create some pretty hairy corner cases. Vendors who do not want to be viewed as broken must deal with these cases - even if they do not support the extension themselves.

      It is not simply a case of being better than MS, compatibility requirements with MS sneak into all sorts of things - sometimes as a technical requirement, sometimes as a business decision, and sometimes as the payoff to a bit of MS quid pro quo. Often the sheer size of MS removes the choice on whether or not to be compatible with them, especially in consumer software but more and more in enterprise software.

      --

      [Set Cain on fire and steal his lute.]
    4. Re:Yet Again by LordKronos · · Score: 2, Interesting

      what MS is good at is "damage and dillition" of an open standard....SMB

      Perhaps I'm mistaken, but I didn't think SMB was an open standard. I thought it was a MS proprietary protocol that others reverse engineered. Please correct me if I'm wrong.

    5. Re:Yet Again by miu · · Score: 2, Interesting
      Perhaps I'm mistaken, but I didn't think SMB was an open standard. I thought it was a MS proprietary protocol that others reverse engineered.

      I don't know that SMB was ever a truly open standard, but was developed in common between IBM, Intel, Digital, and SCO (the real one). So it was at least openly documented and somewhat designed to allow systems from all these vendors to interoperate.

      --

      [Set Cain on fire and steal his lute.]
  4. 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 PatrickThomson · · Score: 2, Funny

      Hey, chemistry's probably worse...

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    3. Re:They can patent file formats now? by lfourrier · · Score: 5, Informative

      1) from the article:
      Sam Hiser, who handles marketing for OpenOffice.org, doubted the application would go far given the wide array of precedents for applications sharing XML data.

      "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."

      2) from reading the application:
      I don't even understand what is the claimed invention (perhaps I'm just stupid in the morning), what is novel, original and non obvious.

      And they keep repeating time and time again that all is in 1 file. So just use 2 and you are safe... (IANAPL, of course)

    4. Re:They can patent file formats now? by Vellmont · · Score: 5, Informative

      Easy to say, could be hard to do. If MS gets their
      way and the business world is forced to upgrade to Office 2003, you may not have much choice in the matter when you get sent a word document in XML format.

      At the moment I don't think there's much chance of that as Office reached the "good enough" point at Office 97. The point of course is that often you don't have a choice in what software you're forced to run.

      --
      AccountKiller
    5. Re:They can patent file formats now? by 1u3hr · · Score: 5, Informative
      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.

      RTFA: It's not the US patent office but Europe and NZ.

    6. 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.

    7. 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...
    8. 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.

    9. Re:They can patent file formats now? by jazman · · Score: 4, Funny

      IHNRTFPA, but as long as they have used the form $TOTALLY_OBVIOUS_PROCESS + 'using a computer' they'll get it.

      I was thinking of filing a patent for scratching my arse using a computer, but then I remembered I'm not American and have better things to do with six thousand quid.

    10. Re:They can patent file formats now? by walt-sjc · · Score: 4, Interesting

      FWIW, Office 2000 is "good enough" for just about everyone. I have no need or desire to upgrade, ever. If people send me documents that it will not open, I'll ask them to resend in a down-version copy. I'm just biding my time until OpenOffice is "good enough" to replace Word. Right now OO still runs into major formatting problems. I'm working on a several hundred page developers / operations manual for example that OO just doesn't handle well, and word handles with ease. In fact, I started writting it in OO before needing to convert. OO is oh-so-close.

    11. Re:They can patent file formats now? by Anonymous Coward · · Score: 3, Informative

      http://www.theinquirer.net/?article=13792
      Accordi ng to this article a patent has been filed in Canada and the U.S. also.

    12. Re:They can patent file formats now? by gnu-generation-one · · Score: 3, Interesting

      "A patented, closed, proprietary file format can't hurt anyone if no one is using it."

      Especially now that AbiWord can read OpenOffice documents, and as anyone who dual-boots (or runs a mixed-OS network knows), OpenOffice is the easiest way to edit the same documents on different OS's.

      Microsoft Office is falling behind. It's pretty pathethic to see it at work, not able to open any SXW documents. What, you need to install a second word-processor just to hold its hand and convert documents?

      Plus, as anyone working on important documents knows, what happens when your hard-disk, printer, or motherboard fails. "Sorry, you are not authorised to install MS-Office on a second computer" it will tell you, as you try to print your dissertation late at night on a borrowed computer... having a CD you can install anywhere without worry certainly has its advantages.

    13. Re:They can patent file formats now? by LeftOfCentre · · Score: 2, Informative

      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.

      Microsoft did not file this patent under US juristiction, only in New Zealand and the European Union.

    14. Re:They can patent file formats now? by delong · · Score: 2, Informative

      This was all moot for the most part until 1998, with the State St. Bank v. Signature Financial Group ruling, which made it possible to patent automated business methods. Now we have all sorts of looniness.

    15. Re:They can patent file formats now? by CowboyBob500 · · Score: 5, Interesting

      OK, I only run a small business, but I do exactly that. I refuse to accept or send out Word documents. I haven't lost any business yet. I send out PDFs (or RTFs if requested), and demand the same in return. And if push comes to shove, everyone can read a plain text document.

      If only more people had the balls to stand up to the so-called "office standards"...

      Bob

    16. Re:They can patent file formats now? by shepd · · Score: 5, Interesting

      >Have a boilerplate response ready explaining that you only accept documents in open formats

      That isn't going to work nearly as well as:

      "Our office is standardized on Office 97, and with 200 seats, the cost to 'upgrade' to Office 2003 is beyond our capacity. Please resend the file in a backwards compatible manner."

      That will get their computing department to ensure people save their files in a compatible format, as most businesses *are* going to stick to Office 2000 or Office 97. They've probably had that message sent to them dozens of times before you give it to them, so they're going to listen to it.

      A one-off "it's not open source" message wouldn't get my suppliers, for example, to stop sending me their pricesheets in Excel files.

      This is the same as using corel draw for your graphics. It might not be the graphics industry standard, but all the companies I've dealt with (From the National and Regional Phone Books to Local Newspapers, all the way down to the local Ad-Rag) will explain, in detail, how you can save corel draw files in a manner they will accept. They specifically mention corel draw because it *is* popular enough that not supporting it means lost business (despite popular belief by stupid hoity-toity graphics folks at the local learning centers). However, I'd not expect a document on how to save a compatible Xfig file...

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    17. Re:They can patent file formats now? by JPMH · · Score: 4, Informative
      I didn't think that europe had actually passed software patents yet but only those tied in with hardware that you can prove are entirely new processes and inventions - this does not count!

      The European Patent Office has granted something like 30,000 software patents over the last 20 years.

      But that has been done, without legislative approval, by the EPO re-interpreting the rules to mean diametrically opposite to what was originally intended.

      It's applications like this one from Microsoft which make the current legislative battle in the European system, which will finally write the official law on this, so vitally important to win.

    18. 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.

    19. Re:They can patent file formats now? by Kent+Recal · · Score: 2, Informative

      1) In the real world, you can file for a patent on literally anything, and it will often be granted no matter how ludicrous.

      I think I can prove your point.

    20. Re:They can patent file formats now? by Peaker · · Score: 2, Funny

      Maybe that's the reason its "small"? :)

      I do think its great you refuse to use closed/patented formats. Nice to have morals above enriching yourself.

    21. Re:They can patent file formats now? by thepoch · · Score: 3, Informative

      You're situation seems completely reverse of mine. While I've also found that Office 97 and 2000 is "good enough", I've also found that OpenOffice.org is also "good enough". I've helped my friend with his thesis. He claimed that whenever he reached page 298, Word would just crash. I opened it in OpenOffice.org, scrolled to page 298, and braced for a crash. All I saw were a couple of strange boxes that show up for unknown characters. I removed those and saved in .doc. He opened it in Word, scrolled through it, and found nothing has changed, except for the crashing part.

      Most of my work, as well, is done in OpenOffice.org. And while I don't do the hundred-plus page documents you do, I've not run into any problems with it. Me being financial officer, and systems administrator, my document and spreadsheet creation are pretty varied. I say, if it works for me, it must be "good enough". And if it can save a 300+ page thesis, my friend probably also thinks its "good enough". But then that is quite subjective. I say, if you've got the bandwidth, download and try it out.

      Oh, the only thing I wish for is an OOo reader that can read those .sxw, etc. that I create. It would save some people the pain of having to download the entire OOo suite.

    22. Re:They can patent file formats now? by corebreech · · Score: 4, Informative

      I read the fucking article. It *is* the format that Microsoft seeks the patent on... if you can control the way somebody accesses a file, you effectively control the format.

      The simple example is patenting the text file. You would say that no, they aren't actually patenting the format, but that's essentially meaningless if they patent the technique of reading the file sequentially from beginning to end one byte at a time.

      I never said they were trying to patent XML. What I did say was that they were trying to patent the data expressed by XML (or at least that was my intent.) To me, an application of XML is just as much a file format as is, say, saving the data in flat binary, or as text, etc.

    23. Re:They can patent file formats now? by bluGill · · Score: 2, Interesting

      If your documents are that big you need a better editor than Word. FrameMaker is popular for a reason.

      Personally I find kWord good enough for me now that I don't have to deal with big documents. I only use OpenOffice (which is too slow to try for daily use on my old system) when I get something in word format. Hopefully the next kWord update will fix that, but I'm not sure.

    24. Re:They can patent file formats now? by Peaker · · Score: 2, Funny

      My comment about it being nice that you have your morals above enriching yourself was not sarcrastic...

    25. Re:They can patent file formats now? by armando_wall · · Score: 2

      Actually that's a great idea. But don't just say it here, dude. You should ask for it to OOo developers.

      That will make OOo more mainstream.

    26. Re:They can patent file formats now? by jc42 · · Score: 2, Interesting

      ..., just stay out of Microsoft's twisted proprietary world.

      Might not help. With copyright, you can (sometimes) successfully argue that you didn't copy a piece of text because you've never seen it. This gets harder to argue as the length of the matching text increases, but it is at least a possible legal defense.

      With patents, this doesn't work. Even if you've never heard of the patent, and can prove that you thought it up yourself, you are still guilty. Any use of the ideas in a patent are illegal unless you have a license.

      So if you write a piece of code that accidentally uses the same XML encoding that Microsoft has patented, you have violated the patent.

      One of the problems with patenting a file format is that programmers "invent" file formats nearly every time they write code that outputs anything at all. Any time you code a print() or write() call, you are in danger of infringing on some patent that you've never heard of.

      This is why Bruce Parens is warning that we may soon find that programming may be illegal for anyone but big corporations with the funds for a legal defense against a patent-infringement lawsuit. It's slowly becoming impossible to write code that doesn't violate a software patent.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    27. Re:They can patent file formats now? by jvervloet · · Score: 2, Interesting
      If only more people had the balls to stand up to the so-called "office standards"...

      At least 547 have.

  5. 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 Tuqui · · Score: 3, Informative

      Free ?
      You will need to pay the MSDN License.

    3. Re:Closed for openess open for business by mystran · · Score: 2, Interesting

      You will need to pay the MSDN License. .. which could just as well be called MSD License, given the amount of information and stuff that's only available for MSDN subscribers..

      --
      Software should be free as in speech, but if we also get some free beer, all the better.
    4. Re:Closed for openess open for business by gregorio · · Score: 5, Informative

      Free ? You will need to pay the MSDN License.

      No you won't. MSDN is just a developer network with documents, tutorials, articles and support.
      If you know how to work with the formats, you don't need MSDN, even for this kind of "MSDN permission" you're talking about.
      When you subscribe MSDN you don't receive any special MS authorization.

    5. Re:Closed for openess open for business by xeoron · · Score: 2, Informative

      Correct me if I am wrong, but wouldn't a patent on only cover the method used to create the XML file? If so then there would be nothing stopping Open Source projects to support reading M$'s "open" XML format. Just need to refrain from adding support to write data to that format.

    6. Re:Closed for openess open for business by JPriest · · Score: 2, Interesting

      You are right, there title is wrong. It was aimed to stirr up peoples anger and they all jumped like programmed puppets. You are the first persom I have seen that figured this out and didn't just fly off the handle like you were supposed to. Anyway, MS is tired of getting the shit end of the patent stick so they are playing the game. The software patent process needs to change.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    7. 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/
    8. Re:Closed for openess open for business by _xeno_ · · Score: 2, Informative
      MSDN is more than just documentation. I spent yesterday sorting our MSDN subscription at work, so I can definitively say that it includes quite a bit of software too...

      While you're correct that you won't get any special licenses to use MS formats through MSDN, and that most of the documentation is available through the MSDN website, an MSDN subscription includes licenses to basically every piece of software Microsoft is currently supporting.

      But, yeah, MSDN won't give you the license to use Microsoft patented whatever on other operating systems. It will probably give you the information on how to access the various Microsoft APIs to handle the info, but that's it.

      --
      You are in a maze of twisty little relative jumps, all alike.
  6. Yawn by ColaMan · · Score: 4, Informative

    Didn't we have this article before ?
    ok, so it was last week, but still, jeez.

    --

    You are in a twisty maze of processor lines, all alike.
    There is a lot of hype here.
  7. Europe fight this thing united! by jodebaer · · Score: 5, Informative

    This is exactly the kind of thing the EU Parliament wants the prohibit, via it's amendments to the doming patent EU unification law. The Parliament has clearly excluded the use of patents that hinder software interoperability. Those of you that want to help us in the battle to sustain those amendments (there is a _lot_ of resistance from the big guys) please join at swpat.ffii.org or softwarepatenten.be in Belgium. Patents are indeed more dangerous than SCO.

    1. Re:Europe fight this thing united! by tkittel · · Score: 2, Funny

      > Patents are indeed more dangerous than SCO.

      Most things are...

  8. Double-edged sword by heironymouscoward · · Score: 4, Interesting

    Which assumes that OOorg is a marginal product. This may be true in some places, for some time, but after a while the failure to interoperate will become a strong argument to switch away from MSOffice.

    Typical scene that is not unheard of today:

    "I've sent you a Word document"
    "Why not install OOorg and use that instead?"
    "What's that?"
    "It's like Office but free and doesn't crash."

    1 hour later...

    "Hey, here's your document, and thanks for the tip!"

    Point is that it's much easier to switch someone from paying to free software, and almost impossible to do the reverse. I (as a long-time OOorg user) will spend considerably more effort convincing someone to use the application than any MSOffice user will spend to get me to change back.

    --
    Ceci n'est pas une signature
    1. 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
    2. Re:Double-edged sword by Rick+and+Roll · · Score: 3, Interesting

      Well, I have never had happen in OpenOffice.org what has happened to me several times in MSOffice. I save a document, and when I open it, it crashes for that particular document. The only way around it is to try opening it on another version of Office, copy it, paste it, save it, and open it back in the old version. This is part of the problem with having an unversioned document vary from being 50K to 2MB. MSOffice is not stable in my experience, it is far from it.

  9. 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?

  10. 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 jsebrech · · Score: 2, Interesting

      It's my fucking data, and I'll do what the fuck I like with it thank you very much.

      This isn't to stop home users from accessing these formats. It's to stop open source developers from writing software that interoperates with these formats. If OOo implements these in a way that violates the patents, microsoft can have the distribution of OOo stopped in the US. Which is ultimately what they really want.

      These are the machinations of a dying dinosaur. Protectionism NEVER works. Not in politics, not in economy, and definitely not in business. What MS is doing is stalling, and they know it. Eventually, they will crash and burn. It's not a matter of if, but of when, and they're trying to delay that when as long as possible.

    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.

    3. Re:We planned to make use of the XML from Word... by squarooticus · · Score: 3, Interesting

      Sorry, but that is hardly insightful.

      If the consumer really weren't benefitting, then they'd seek out alternatives: they do exist, as I'm sure you know. I've been using one for 9-1/2 years: Linux and associated alternative applications.

      Despite the fact that I dislike Microsoft's tactics, it's hard to dispute that their dominance of the market has encouraged adoption of computing by the masses by making computers more useful through easy interoperation: people want to know that what they buy can operate well with others' equipment, so any barrier to this is a barrier to adoption of computing in general. Most of the geeks here (myself included) couldn't care less about how easy or hard it is to get Office data into a Linux spreadsheet, but we are a tiny, tiny minority of all people using computers.

      Of course, standards would get us to Nirvana just as market dominance by MS is and allow the tiny minority of us who use something other than Windows to make full use of our computing power under our chosen environments; but there's hardly an economic or public benefit argument to be made for having the guv'mint do our dirty work and go after MS just because they don't make the lives of (generously) 5% of computer users easier.

      The only convincing argument IMO for getting the government involved is to ensure that We the Taxpayers aren't getting screwed out of our money by MS: from this perspective, the government doesn't need to pursue litigation, but only needs to state that they will purchase only software that stores and transmits data in royalty-free formats so alternative vendors can be used effectively in price negotiations. At this point, MS would be required to patent-unencumber their file formats in order to get their software into federal offices, and thus into the offices of federal contractors, and from there into subcontractors, etc. I don't see this option being pursued. Why? It seems like it would get MS to play ball a lot more quickly than decades-long litigation.

      --
      [ home ]
  11. Forgot about embrace and extend by Tyrell+Hawthorne · · Score: 5, Interesting

    "Microsoft has always played an interesting game when it comes to standards," he said. "They're going to support them as necessary to get technology broadly adopted. But at the same time, they're an (intellectual property) company. That's the case with any big business."

    I would have agreed, if after broadly adopted he would have said "they stop playing according to the standard and thereby break compatibility with other software". If you're an analyst on Microsoft, you should know what embrace and extend is, and I think he should have mentioned it here. That is, unless he's partial to Microsoft, which the company claims it isn't.

  12. Now all we need... by graveyardduckx · · Score: 5, Funny

    is for SCO to claim they own all of the code to the unix interoperability services/functions/whatever for Windows. Then Microsoft goes after SCO for using XML somewhere else. Then they can go after each other in court. Let them destroy each other! Yay! Off-topic or is it? It's 5:20am and I'm still awake, ignore this post, I'm an idiot.

  13. 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

  14. What does this mean for WinFS by MeerCat · · Score: 4, Interesting

    WinFS is the long-promised "replace the user-data parts of the filesystem with an RDBMS" feature, and a key part of Longhorn. It basically lets you register an XML schema for describing your data, and the data is then stored not as XML but broken down into a relational database (see also GnomeFS).

    The PDC bloggers and MS internal staff are writing extensively about WinFS - especially Mike Deem.

    One of the concerns people have with WinFS is "but then any other program could fiddle around with the individual records of what I store, how do I hide stuff or stop them making my 'files' inconsistent by screwing up or deleting individual records" - and if MS want to patent some aspect of their getting Office ready for this, does it mean we're all supposed to patent our XML before we stick into WinFS ??

    --
    I spent a lot of money on booze, birds and fast cars. The rest I just squandered. - George Best
  15. could this be a good thing? by saiha · · Score: 4, Interesting

    The article wasn't too detailed on what the patent covered but if they do patent it doesn't that mean that they have to release the full spec for their format? And if that happens then other Word alternatives could be created giving people more alternatives.

    Also would it be possible for me to "make" a file reader/convert for my own private use?

  16. 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.
  17. absolutely no surprise at all. by flacco · · Score: 5, Interesting
    MS even *said* that their goal was to use XML to make data handling easier *within* the microsoft family of technologies. they never said they would open it up to the rest of the world.


    not that anyone for a moment should have suspected these douchebags would.


    they're just speeding up the inevitable, making even more clear why software patents suck ass, and why it's urgent for everyone to reject proprietary technologies NOW. RIGHT NOW. the sooner you do it, the sooner the pain will be over, and the sooner you can start reaping the rewards.

    --
    pr0n - keeping monitor glass spotless since 1981.
  18. Reminds me of SCO... by 5.11Climber · · Score: 5, Funny

    I think that Microsoft is now in the early stages of SCOitis. Our products suck but we have some questionable IP and we're going to make that our major source of revenue.

    --
    Arf!
  19. 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.

  20. 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

    1. Re:Back in the day... by thogard · · Score: 2, Interesting

      Those where the days. I could call up the vendor and get info as well. I even got the source code for VMS from Digital. Odd thing it was on microfiche.

  21. ??? = Patent the format. by Anonymous Coward · · Score: 3, Funny

    I finally get it!

    1. Base your new Office suite on an established format.
    2. Modify the standard.
    3. ???
    4. Profit.

    MS have finally filled in the ???

  22. 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?
  23. Do like GIMP did... by Anonymous Coward · · Score: 5, Interesting

    Ages ago (back when this was a Windows box) I downloaded a little thing for GIMP that let me make GIFs. This was legal because I live in Europe with no software patents as of yet (fingers crossed/touch wood).
    OOo could offer something similar if the patented XML format became as popular as the .doc is: 'you may only use this module if software patents do not apply in your country.' Of course there'd be no way to stop Americans downloading it, which would be just terrible!

  24. WinFS, Oh you mean Cario's Object File System by NZheretic · · Score: 5, Informative
    1994 Cairo Takes OLE to New Levels
    The next version of Windows NT, code-named Cairo and targeted for release sometime in 1995, will be built around the concepts of objects and component software. It will have a native OFS (Object File System) and distributed system support.
    1995 Signs to Cairo
    Cairo, Microsoft's object-oriented successor to Windows NT, will begin beta testing in early 1996 for release in 1997. Although Microsoft is not revealing the full details of Cairo yet, there are enough clues within current Microsoft OSes to yield a good idea of how it might work.
    1996 Unearthing Cairo
    At the first NT developers conference in 1992, Bill Gates announced that Cairo would arrive in three years and would incorporate object-oriented technologies, especially an object file system. Since then, we've seen Windows NT 3.1, NT 3.5, NT 3.51, and most recently NT 4.0. None is object oriented, none has an object file system, none is Cairo. It seems that Cairo is Microsoft's sly way of promising the world. "Will we see Plug and Play in NT?" "Oh yes, of course, in Cairo." "Will NT ever produce world peace and cheap antigravity?" "You bet -- in Cairo."
    The so call Longhorn WinFS directory is just another rencarnation of the Cairo object orientated file system.

    September 1, 2003 Eweek 'Longhorn' Rollout Slips

    Microsoft Corp. has once again shifted the schedule for the release of "Longhorn," the company's next major version of Windows, leaving some users up in the air about an upgrade path.

    Microsoft executives from Chairman and Chief Software Architect Bill Gates on down have long described Longhorn as the Redmond, Wash., company's most revolutionary operating system to date. The product was originally expected to ship next year. Then in May of this year, officials pushed back the release date to 2005. But now executives are declining to say when they expect the software to ship.

    "We do not yet know the time frame for Longhorn, but it will involve a lot of innovative and exciting work," said Gates at a company financial analyst meeting this summer. Since then, other Microsoft officials have neither retracted nor clarified Gates' statement.

  25. Now, the race is on by jimicus · · Score: 2, Interesting
    A lot of businesses are still using Office '97. Upgrades are expensive, not just in terms of licensing but also staff time to install across a number of PCs, retraining costs etc.

    This file format will only become widespread (and hence a threat to open software adoption) if Office 2003 adoption becomes widespread - which I don't see happening right now.

    Companies and individuals are starting to take free software seriously. It doesn't have to be Linux - why not give someone a Windows PC (no licensing apart from what it sold with) and OO.o? If OO.o can gain serious market share before Office 2003 does, the whole thing becomes a non-issue.

  26. Speaking of which... by BiggerIsBetter · · Score: 4, Interesting

    Use proper W3C XML or OOo filetypes...

    Didn't OOo do this kind of thing first with their XML filetypes? MS filed this in June 2002 in NZ, so surely OpenOffice.org has precent for a "Word-processing document stored in a single XML file that may be manipulated by applications that understand XML" maybe sans the "single file" part, which would have to be an obvious follow on?

    BTW, more info is on the NZ Open Source Software portal.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  27. Oh Crap by gusnz · · Score: 4, Interesting
    I'm late to this discussion, as I've just read part of the patent. If you click the patent link, and hit the "descriptions" tab, you'll see it's fairly routine ("save a file, allow another application to modify it, open file in the word processor again").

    However, I'm a New Zealander, and I'd love to actually try and shoot down this at the NZ patent office based on the wonderful prior art that is OpenOffice.org. However, I saw these two "claims" in the patent:
    [0008] According to yet another aspect of the invention, hints are provided within the XML associated files providing applications that understand XML a shortcut to understanding some of the features provided by the word-processor. By using the hints, the applications do not have to know all of the specific details of the internal processing of the word-processor in order to recreate a feature.

    [0009] According to yet another aspect of the invention, the word-processing document is stored in a single XML file. An application will be able to fully recreate the document from this single XML file. This includes all the images and other binary data that may be present in the document. The invention provides for a way to represent all document data in a single XML file.

    The rest of the patented method applies to OOo, as OOo provides schemas and writes out a well-formed XML document etc. etc. etc. However, I'm not sure if OOo provides "hints" in the files (anyone care to comment what MS is on about there?).

    The kicker is claim [0009]. If you save a .SXD document, rename it to .ZIP, and open it, you'll see there's several XML files in there, and binary data like images are stored as their original filenames in a separate folder within the ZIP archive.

    IANAL, but this appears to mean that this patent is "sufficiently original" (haha) that it can probably slip past the rubber-stamp-brigade at the patent office as OOo won't be citeable as prior art. Apparently the NZ patent office is sufficiently stupid that they recognise the "one-click" patent, so I don't hold high hopes for this one.

    So, has anyone heard of a word processor that has an XML file format that contains all its binary data? If so, post links under this thread :).

    P.S. And NewtonsLaw, if you're reading this, I hope to see a plan of action on Aardvark tomorrow :). Has anyone got a link/reference to this at the NZ patent office as yet?
    1. Re:Oh Crap by vidarh · · Score: 4, Informative
      I don't think it would be needed to find a word processor specifically that does this. Demonstrating that there are applications that include binary data in XML files should be sufficient to demonstrate prior art, and there are lots of apps that does that.

      Note that binary data embedded in the XML was explicitly REJECTED by OpenOffice.org.

      I don't know when the discussion first surfaced, but I'm pretty sure encoding binary data within the XML file in base64 and similar formats was being discussed on the Open Office mailing list well in advance of Microsoft adding it to their file formats. If that is the case, then the only problem would be if Microsoft have used an encoding that could be protected.

    2. Re:Oh Crap by Anonymous Coward · · Score: 2, Informative

      >So, has anyone heard of a word processor that has an XML file format that contains all its binary data? If so, post links under this thread :).

      Seems like AbiWord is one word processor (and there's probably others too) that uses an XML based file format, with all the binary data in one file.

      http://www.abisource.com/

  28. Patent license for Microsoft XML already exists by dyfet · · Score: 4, Interesting
    Some may recall that Microsoft had already offered a "royalty free license" for use of their XML schema's which claimed "field of use" restrictions that specifically claim to permit Microsoft to specifically state the terms of software that could access their file formats and that was specifically incompatible with free software, as well as requiring the user to disclaim certain legal rights.


    Some may recall, for example, this past article on this topic here, or the specific license terms offered here, the key points of which are specifically GPL incompatible.


    When national governments choose to build and distribute information, such as the Danish national government has, on patent license encumbered document formats, whether or not royalty bearing, possessing field of use scope, disclaiming of certain legal rights such as to bring suit, or other specific restrictions, or even composed of terms permitting unlimited modifications to the license by the license holder, as this one also does, such governments are creating restricted markets in the public's own goods. This is of course fundimentally improper and certainly is also illegal restraint of trade in the European Union.


    There are many implications in having patent encumbered XML schemas, all of them negative for the schema so encumbered. I had long ago considered this specific possibility and considered what actions I would find nessisary to take when that day arrived. One option I think might be useful is for those in Europe to file a brief with Mario's office (European Competition Minister), and note how this issue relates to their current anti-trust case.

  29. Patents.... by Anonymous Coward · · Score: 3, Interesting

    Patents do nothing but slow down an industry and promote laziness....

    1) Ford, which is considered the model on how to build cars and do processes HAD to get around patents so that he could build a car that EVERYONE can afford.

    2) Windsurfer which invented the windsurfing board had a patent, which they only enforced two years before the end of the patent. Until five years before the end of the patent there was no Wind surfing industry. Windsurfer then cashed in and forced bankruptcy of major windsurfers. Where is Windsurfer today? Sitting on money doing nothing.

    3) Laser had a patent which caused nobody to do anything with lasers. Once the patent expired we ended up with laser pointers, last light shows, etc, etc..

    4) Patents CANNOT be bought and defended by "small" people. Patents cost about 40,000 EUROS a pop and this is not money for the "small" company. This is money for the large company.

    Now about your reference to MS and Internet Explorer. Say what you will, but Netscape was no better than Microsoft. I was around in the Netscape days and they were bastards. Once I represented a company who wanted to purchase five thousand licenses to Netscape. Netscape ignored the company because it was too small and companies like Deutsche Telekom were more important.

    Microsoft might clone ideas, just like all of the other companies do as well in the industry. The software industry is like writing, we all clone!

    The problem in software are the contracts. For example why do I have to buy Windows 5 times for a single computer?

    Sir, I would have wished that you would have used your lawyer abilities to reign in the contracts instead of going for the easy cash in Patents. Remember you are going to be responsible for a mess that *I* have to live in.

    1. Re:Patents.... by Pig+Bodine · · Score: 3, Informative
      3) Laser had a patent which caused nobody to do anything with lasers. Once the patent expired we ended up with laser pointers, last light shows, etc, etc..

      This is not accurate, although someone might have patented process for making laser diodes that slowed things down (I don't know that one way or another). Check out this link for a history of laser diodes. They were invented 40 years ago. Presumably the patent expired in 1982 or so. I don't remember a flood of consumer laser diodes in the early 80's.

      For that matter Holonyak's laser was the first GaAsP diode light emmitting diode---a category that includes every red LED that you saw on alarm clocks, early digital watches and calculators in the 70's. If the patent on his laser had been enforced aggressively I'm pretty sure you wouldn't have seen red LEDs in cheap consumer items.

  30. Boycott by moinefou · · Score: 2, Interesting

    Yes, boycott, that's all

  31. Australia by zbaron · · Score: 5, Informative

    After a bit of searching, i've found activity at IP Australia. The application titled "System and method for supporting non-native XML in native XML of a word-processor document" sounds scary!

  32. 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?

  33. This may prove counter-productive for MS by Inflatable+Hippo · · Score: 4, Interesting

    I can imagine Microsoft being a victim of it's own success here.

    If by using DRM/Palladium etc. to prevent both:
    - Using ripped off copies of Word
    - Interoperability with Word

    Suddenly a word document will be vastly less useful in the wild than it is now.

    Right now I, my mother, her dog and it's accountant can all read Word docs one way or another but none of us have shelled out for Office, and we probably never will.

    I actually love using basic HTML for docs, the only problem is that "a document" is actually a bunch of resources. If there was some encapsulated for (a simple zip even? .htz?) that would be great.

    (This is where someone calls me a Bozo and tells me it already exists...)

    1. Re:This may prove counter-productive for MS by armando_wall · · Score: 3, Informative

      (This is where someone calls me a Bozo and tells me it already exists...)

      Hi, Bozo!

      Microsoft's HTML help files already do this. And StarOffice/OpenOffice document formats have a similar implementation, but with XML.

    2. Re:This may prove counter-productive for MS by fishbot · · Score: 3, Informative

      The file format is called 'Compiled HTML' or CHM. A technical look at reverse engineering it is here:

      http://www.speakeasy.org/~russotto/chm/chmformat .h tml

    3. Re:This may prove counter-productive for MS by jonasj · · Score: 5, Interesting
      You don't wanna use CHM, it's a proprietary MS format with some limitations compared to regular HTML.

      You can, however, MIME-encapsulate your document to contain the HTML and the resources in the same file, very similar to how email attachments work. That is described in RFC 2557. This is the format that Internet Explorer uses when you do Save As|Web Archive (Single File).

      A perhaps even cooler way would be to use data: URLs as described in RFC 2397 to include the resources inline where they are references. This is not supported by Internet Explorer however, so the general public won't be able to see your documents.

      data: URLs are extremely cool. If you use Mozilla, check out this example:

      data:image/gif;base64,R0lGODdhMAAwAPAAAAAAAP///y wA AAAAMAAwAAAC8IyPqcvt3wCcDkiLc7C0qwyGHhSWpjQu5yqmCY sapyuvUUlvONmOZtfzgFzByTB10QgxOR0TqBQejhRNzOfkVJ+5 YiUqrXF5Y5lKh/DeuNcP5yLWGsEbtLiOSpa/TPg7JpJHxyendz WTBfX0cxOnKPjgBzi4diinWGdkF8kjdfnycQZXZeYGejmJlZeG l9i2icVqaNVailT6F5iJ90m6mvuTS4OK05M0vDk0Q4XUtwvKOz rcd3iq9uisF81M1OIcR7lEewwcLp7tuNNkM3uNna3F2JQFo97V riy/Xl4/f1cf5VWzXyym7PHhhx4dbgYKAAA7

      (remove the spaces that slashdot adds and paste it in your address bar).
      --
      You know, Microsoft's street address also says a lot about their mentality.
    4. Re:This may prove counter-productive for MS by yukster · · Score: 2, Interesting

      Yeah... had the same idea... was planning on writing a plug-in for mozilla to do that one of these days. Though hopefully someone will beat me to it. Any moz hackers out there with their ears on?

  34. 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.

  35. Will patents prevent reading MS format files? by belmolis · · Score: 4, Interesting

    As I underestand it, if MS patents their file formats, that will prevent anyone without a license from generating files in MS Office formats, but it will not prevent people from displaying them or converting the information into other formats. That's because such patents are for methods of "storing" information. I know this seems pedantic, but law is pedantic, and I'm thinking of the precedent of LZW compression. Without a license, you couldn't generate GIF images but you could display them and convert them. So, although I'm distrustful of Microsoft (and don't use their products), and opposed to software patents, perhaps these patents aren't as dangerous as they seem. Any lawyers know for sure?

  36. 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.
  37. 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.

  38. OSS-like software development model patented... by PhilTR · · Score: 2, Interesting

    ...by none other than IBM.

    United States Patent #6,658,642 was awarded to Megiddo, et al. on December 2, 2003. The Assignee: International Business Machines Corporation of (Armonk, NY).

    System, method and program product for software development provides that "Software developers intending to participate may provide an intention to submit."

    This patent goes a long way to explain IBM's, Novell's and Microsoft's interest in OSS. philtr

  39. 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.

  40. 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!

    --

    Only 'flamers' flame!
    Does slashdot hate my posts?

  41. XSLT Workaround? by pixelfreak · · Score: 2, Interesting

    Here are a few thoughts about Microsoft's WPML.

    - It's based on W3 standards
    - It stores data in XML format
    - It has a companion XML Schema Document

    Now, if I understand WPML correctly, it could be possible to transform core WPML elements to OO [Open Office] or other formats using XSLT. Of course, OO uses multiple files and MS embeds them in a single document. But It's quite possible that you could use extensions to XSLT to aggregate multiple files for converting to WPML, output multiple files when converting to OO, xform encoded data to stand alone files, etc.

    If this is the case, the ability to xform documents between OO and WPML could be completely embedded in one or more XSL style-sheets, which is completely standards based.

    This means that applications that support exchange using standards like XSLT might be able to convert WPML documents on the fly if the user provided it the correct XSLT templates to go along with it. In other words, the program would have no application specific logic for converting Word XML documents. It's all generic.

    The tricky part becomes making styles-sheets available to standards compliant applications, which goes back to my first post.

    Are XSL style-sheets applications? Could a client that needs you to build an app which saves XML Word documents point your application to these style-sheets at run time? If they need to read Word docs, then it's quite likely they have licensed some MS technology when they purchased Office.

    Hum.....

  42. The extension you're looking for is SXW by Quizo69 · · Score: 2, Informative

    ....or SXC for spreadsheets ;)

    The OpenOffice.org file formats are close to being what you describe - they are XML with CSS and other properties defined, and then zipped into, SXW or SXC files. You can open an SX* file using any application that supports unzipping, and extract the individual components as you like.

    Perhaps OpenOffice.org could challenge the validity of MS's patent on the basis of prior art using XML in THEIR document formats!

  43. 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."