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Put Up or Shut Up?
Put up or shut up?

Ax:?Open source has been screaming, ranting, and whining that the ONLY reason people use MS Office is that they are locked in to it. With this move MS is calling their bluff, making the format available, and in effect telling the open source crowd to either put up or shut up.?

Open Source has responded to the global needs of users and developers with a galaxy of open XML technologies that include file formats, parsing methods, and processing tools. Microsoft is having to respond with this licensing scheme exactly because users and developers have found in OSS an alternative source of solutions. One that adheres to the integration and interoperability principles of open interfaces, open standards, open connectivity and communications protocols, and open XML Technologies. These principles of complete transparency return information ownership to users. And at the end of the day, that's what it's all about.

Microsoft isn't playing the role of benevolent dictator here. It's more like they're a reluctant monarch compromising with the force of a public uprising that threatens their reign.

Read the article: ?Microsoft said it is taking the action in response to requests from its software partners as well as from corporate and government customers who demanded a way to better interoperate with Microsoft's dominant suite of desktop applications.?

So what ?bluff? is Microsoft calling here? Do you really think Ax that Microsoft offered this rather restrictive license in response to Open Source whining? Or did they offer it in response to users demands? Play the tape!

Microsoft's own statements clearly indicate that the ?users? aren't bluffing. Users are demanding to take ownership of their information. Ownership that doesn't entail layers of permissions and licensing from Redmond.

Personally i don't care if Microsoft's XML is a proprietary bastardization of open sourced open standards. But when they try to cloak that bastardization as a truly ?open? implementation, the deceit has to be pointed out. To discover the truth, one has to make comparisons to truly open XML technology implementations. And, as the facts reveal themselves, one also has to discuss the motives for deceit. The patterns of past behavior are the best indicators of future actions. As long as the marketplace has full disclosure, i really don't care what they choose. Getting to the truth about Microsoft's business practices is, however, a challenge.

With all the hoopla of ?We be open too? hype, many are turning to the Danish licensing agreement for the facts. And what we're finding isn't pretty. Instead of locking users into Microsoft only applications by means of a binary format, the new scheme (pardon the pun) seems to be to lock users into MS applications by way of threatening patent infringement law suites for those who would dare read, write, parse, process and transform any file containing the license. Which, it would appear to be, applies to any information file that has somehow passed though an XP desktop or XP server side process.

?No right to create modifications or derivatives of this Specification is granted herein.

There is a separate patent license available to parties interested in implementing software programs that can read and write files that conform to the Specification. This patent license is available at this location?: http://www.microsoft.com/mscorp/ip/format/xmlpatentlicense.asp.


Note this requirement: ?Permission to copy, display and distribute the contents of this document (the ?Specification?), in any medium for any purpose without fee or royalty is hereby granted, provided that you include the following notice on ALL copies of the Specification, or portions thereof, that you make?:

The inclusion of the notice invokes the patent claims, which, if Microsoft desires, can invoke draconian DMCA laws.

At least with the binary file format, the rights, permissions, and privileges involved with any information exchange process were locked up front. The new XML license model threatens to usher in an era of ?Show us your papers? gestapo techniques. As flows of information files are processed, users will have to have their legal advisers checking to see if they have the proper Redmond permissions and processing tools in place to work that information.

This seems to be a rather legally innovative use of both the patent laws, and the DMCA, ?Digital Millennium Copyright Act?.

What Microsoft might be saying here is that XP Office System information files are subject to the same DMCA laws governing multi media content such as movies and music. Meaning, i can purchase or download a song, but i can only listen to it on RIAA approved devices.

Microsoft seems to be saying that if my information is in their XML file format, or even passes through one of their platform processing systems (InfoPath), where it picks up the ?viral license?, then i can only read, write, parse, and transform that information using exclusively the software programs that they approve.

This draconian level of permission based computing is far beyond anything previously imagined. The MS binary files were not able similarly infect an entire information infrastructure anywhere close to what this latest scheme promises.

Clearly the Danish Government army of lawyers negotiated this license in good faith. Clearly they sought to take ownership of both their information, and their information processing. It looks to me though that they have snookered.

Hardly the first time someone legally negotiating in good faith has been taken to the cleaners by Chairman Bill.

~ge~
Posted by: gary_edwards   Posted on: 11/18/03 You are currently: a Guest | Members login | Terms of Use

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All that whining for nothing.  No_Ax_to_Grind | 11/17/03
Not really...  Patrick Jones | 11/17/03
Did you read any of it?  mikecel | 11/17/03
Yep..  Patrick Jones | 11/17/03
A second reading might be in order ...  Still Lynn | 11/18/03
Royalty-free licensing is common  John Carroll ZDNet Moderator | 11/18/03
Read the first paragraph again.  No_Ax_to_Grind | 11/17/03
Most Zealotic Post of the Forum  nucrash | 11/17/03
So..  d_jedi | 11/17/03
Good on ya!  No_Ax_to_Grind | 11/17/03
But unlike industry standards controlled by industry committees, Microsoft  Update victim | 11/17/03
will dictate the development of the Office schema  Update victim | 11/17/03
Very Valid Whining  nucrash | 11/17/03
Lock-In  tic swayback | 11/17/03
Apple  pschroeder@... | 11/17/03
Here you go. Have fun.  Yen_z | 11/17/03
"Based on"  pschroeder@... | 11/17/03
Nice try, Don  Yagotta B. Kidding | 11/17/03
GPL incompatible  Ardian Daka | 11/17/03
You are right, Microsoft doesn't do GPL.  No_Ax_to_Grind | 11/17/03
In fact it cuts out commercial developers too...  John Le'Brecage | 11/17/03
Not when you buy a license.  No_Ax_to_Grind | 11/17/03
Don't be disingenuous....  John Le'Brecage | 11/17/03
Here is the license  Sam_Lowry | 11/17/03
Umm... Sam... about that link.  John Le'Brecage | 11/17/03
Sorry - ZDNet won't let me reply directly to you  Sam_Lowry | 11/17/03
i don't get it..  ryusen | 11/17/03
Yes, you got it.  No_Ax_to_Grind | 11/17/03
You are missing...  neil ubich | 11/17/03
Yes... and?  Sam_Lowry | 11/17/03
but  ryusen | 11/17/03
License  pschroeder@... | 11/18/03
Um, this is not a complete...  BitTwiddler | 11/17/03
To answer you.  No_Ax_to_Grind | 11/17/03
Are you unfamiliar with MS Office?  B.O.F.H. | 11/17/03
Can lock users NOT system  michael-t | 11/17/03
Congratulations - you win the prize  Sam_Lowry | 11/17/03
Dismal  michael-t | 11/17/03
And this is all relevant to XML because...?  Sam_Lowry | 11/17/03
Yes, but  tic swayback | 11/17/03
My wife might take umbrage at that remark wink  Sam_Lowry | 11/17/03
Still lock-in, or at least lock-out!  John Le'Brecage | 11/17/03
OO a competitive threat?  Sam_Lowry | 11/17/03
Quoth from Microsoft...  John Le'Brecage | 11/17/03
Finally someone with a sense of humour happy  Sam_Lowry | 11/17/03
Document assembly  KTLA | 11/17/03
So what did they say?  Cardinal_Bill | 11/17/03
I missed your point.  No_Ax_to_Grind | 11/17/03
OK...try this then.  Cardinal_Bill | 11/17/03
I only see one group that can't use it.  No_Ax_to_Grind | 11/17/03
Says who?  Sam_Lowry | 11/17/03
Oh I agree,  No_Ax_to_Grind | 11/17/03
Lawyers - gotta love 'em happy  Sam_Lowry | 11/17/03
Too easily confused a bit can be  nucrash | 11/17/03
Yes, confused you are...  No_Ax_to_Grind | 11/17/03
Oooh- keep smokine that stuff...  Sam_Lowry | 11/17/03
Stop confusing him with truth and facts!  No_Ax_to_Grind | 11/17/03
no kidding  lmaxwell | 11/18/03
FUD, FUD, FUD, FUD  Sam_Lowry | 11/17/03
More info  Sam_Lowry | 11/17/03
Links.  Cardinal_Bill | 11/17/03
What's so hard to understand?  d_jedi | 11/17/03
Does it?  Cardinal_Bill | 11/17/03
It is there - just a bit confusing  Sam_Lowry | 11/17/03
Explanation  Sam_Lowry | 11/17/03
Sam, you can't show those that refuse to see.  No_Ax_to_Grind | 11/17/03
Oh, we know and we see...  John Le'Brecage | 11/17/03
It's the ol' time religion...  Sam_Lowry | 11/17/03
John, you have me all wrong.  No_Ax_to_Grind | 11/17/03
How about partisan politics?  John L. Ries | 11/17/03
So whats new about this?  Nigel Johnstone | 11/17/03
I missed your point.  No_Ax_to_Grind | 11/17/03
Nothing New - Same Old MS  KeithRisler | 11/17/03
XML...  Sam_Lowry | 11/17/03
Non-Issues cont'd  michael-t | 11/17/03
Office 98?  Sam_Lowry | 11/17/03
Buwahahahaha, good one!  No_Ax_to_Grind | 11/17/03
There is a version for the PC  voska | 11/17/03
One would think that...  No_Ax_to_Grind | 11/17/03
Depends if he is MAC user  voska | 11/18/03
Don't Panic  michael-t | 11/17/03
Chances are...  No_Ax_to_Grind | 11/17/03
Classics  michael-t | 11/17/03
Only if I sent them to you.  No_Ax_to_Grind | 11/17/03
Alas - that's the problem...  Sam_Lowry | 11/17/03
Oooh - teach me more master...  Sam_Lowry | 11/17/03
ROFLMAO  No_Ax_to_Grind | 11/17/03
Remarkable Information  michael-t | 11/17/03
Where do you want to start?  No_Ax_to_Grind | 11/17/03
Non-Answer (cont'd)  michael-t | 11/17/03
depends what you call useful or not  Sam_Lowry | 11/17/03
Why this scares open source people.  No_Ax_to_Grind | 11/17/03
If they do  neil ubich | 11/17/03
You seem to be lost.  No_Ax_to_Grind | 11/17/03
I want to complain  Sam_Lowry | 11/17/03
RE: Why this scares open source people.  Iain_Peters | 11/17/03
You are right...  No_Ax_to_Grind | 11/17/03
MS only did this to "force" upgrading..  MeadMkr | 11/18/03
Put Up or Shut Up?  gary_edwards | 11/18/03
But Once is Not Enough  KeithRisler | 11/17/03
Name even one.  No_Ax_to_Grind | 11/17/03
Then don't use it...  Sam_Lowry | 11/17/03
But, but what will they have to whine about then.  No_Ax_to_Grind | 11/17/03
Nope - that IS the license  Sam_Lowry | 11/17/03
Is it going to be completely open?  Iain_Peters | 11/17/03
Name one for profit company doing it.  No_Ax_to_Grind | 11/17/03
SUN with StarOffice  Iain_Peters | 11/17/03
Really?  Sam_Lowry | 11/17/03
What would they "whine" about?  Iain_Peters | 11/17/03
License link is NOW LIVE  Sam_Lowry | 11/17/03

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