Legal Counsel Advises Against Accepting OOXML Pledge

ozmanjusri writes "A legal analysis of Microsoft's Open Specification Promise (OSP), which was purportedly written to give developers protection from patent risk, says the promise should not be trusted. According to the Software Freedom Law Center, 'While technically an irrevocable promise, in practice the OSP is good only for today.' This is on the back of a chaotic ISO meeting to resolve outstanding specification problems. The session was described by Tim Bray as 'Complete, utter, unadulterated bulls**t. This was horrible, egregious, process abuse and ISO should hang their heads in shame for allowing it to happen.' The advice would seem to throw more doubt on OOXML's suitability as an international document standard. Microsoft responded to these assertions stating that they've already taken steps to answer these concerns"

Comments

Re:Talking ab out pledges...

[Creepy Crawler]

An interesting case is this article discussing exactly that.

Eben Moglen was contacted (lawyer for FSF) and said that CPhack had that problem, and was never resolved.

The best explanation is that explicit language would be needed to be added in the GPL and other type-like liceses to hold true. As it seems, as long as there is not intertwining copyright interests, redacting the GPL seems legal. Yuck.

Microsoft is insincere. But that's not news.

[Bruce Perens]

SFLC probably doesn't like any patent covenants, even Sun's and IBM's, regarding GPL software. But unlike Microsoft, Sun and IBM have themselves participated in the development of GPL code implementing the standards those covenants were meant to cover, and thus they are also covered by the GPL's language regarding patents.

Microsoft, in contrast, hasn't bound itself to the GPL during the development of any existing OOXML implementation. Microsoft has also behaved in a very hostile manner, for example spreading FUD about their patents (we still don't have the list) covering our existing software. So, we don't have much reason to read their agreements in a favorable light.

Bruce

Re:The 'legal analysis' is flawed

[pavera]

Funny thing is, he links to the IBM ISP saying that it is exactly the same as the OSP... However, if you follow that link and read the IBM doc, it says nothing about being able to revoke the promise for future versions of the same spec the way the OSP specifically states.

Further, he links to the SUN agreement saying that it is the same as the MS one in regards to implementations, SUN explicitly gives you the right to implement ODF 1.0 *AND ANY FUTURE VERSION* of ODF. This 100% contradicts what he says in his article (he says sun and IBM also have provisions that limit the applicability of the promise to a single version or set of versions of the specs in question). He is either willfully misrepresenting or he is ignorant.