Microsoft Opening Office XML Formats
sriram_2001 writes "Microsoft has opened up the XML schemas for Office 2003, thereby silencing a lot of criticism. This could potentially open the way for several government contracts as certain governments have made open standards (and not open-source) a pre-requisite.
In their FAQ, Microsoft not only says that open source developers can distribute software built using them, but also that they'll make all future updates available using the same terms.
Here is the Official Microsoft Site and CRN
and Techworld have stories about it."
According to their FAQ:
While it may not be legally binding, I'd say it's enough permisssion for the layman, and I think it could be argued in court (of course, you could also just read their license which may say the same thing. But I don't speak ligalese myself).
The Future Is Open: What OpenDocument Is And Why You Should Care ~ by Daniel Carrera
Let's take a closer look. On the legal notice page, we see that "The following license applies to the schema files ... and must be included in any copies that are made of the schema files ..." Thus, if you include one of their XSDs (schema files) in order to parse an Office document, then "No right to create modifications or derivatives of this Specification is granted herein."
That pretty much precludes even a BSD license. The "openness" of these schemas includes the ability to use it as Microsoft has defined them, not the ability to modify it as you see fit.
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FUD. It sometimes helps to read the linked pages.
Q. The patent license associated with the Office 2003 XML Reference Schemas states that "Microsoft may have patents and/or patent applications that are necessary for you to license in order to make, sell, or distribute software programs that read or write files that comply with the Microsoft specifications for the Office Schemas." What does this statement mean and to what specific patents and/or patent applications does this statement relate?
A. As an industry leader in the design and development of innovative computer technology, Microsoft has made a significant investment in research and development (R&D). With an annual budget of nearly $7 billion, Microsoft's R&D commitment is among the highest of the world's major technology providers, both on an absolute basis and as a percentage of sales. Like other major technology providers, Microsoft routinely applies to governments around the world to obtain patents on our inventions. A patent establishes ownership of an invention, enabling the patent owner to benefit commercially from investments in innovation. A patent is granted if government patent examiners conclude that an invention is a true innovation compared with existing technology. Microsoft has been awarded thousands of United States patents, and our worldwide portfolio continues to grow.
Under the patent license for the Office 2003 XML Reference Schemas, Microsoft offers royalty-free rights both to its issued patents and patents that may be issued in the future as an outcome of the patent process. To learn more about Microsoft's intellectual property policy and to find links to government patent offices, we encourage you to learn more about Microsoft Intellectual Property at the Microsoft Web site.
We have chosen a simple and straightforward licensing approach that should appeal to a wide variety of potential licensees because it broadly covers all applicable patents and patent applications instead of only those that are enumerated.
Banu