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RE: Fwd: [Marketing] Microsoft attempting to patent XML for Word Processing]

2004-01-22 08:02:31

Not sure if people have seen this or not already.  It looks like 
Microsoft is presently in the process of patenting the use of XML for 
"Word Processing" files in many countries (US, EU, etc).  If they're 
successful, it will have direct relevance to SPF, StarOffice 
and OpenOffice.

Thanks to the cretins at the USPTO this is now standard practice. Take a
look at the Doyle/Eolas patent which claims to have invented something that
was widely used before Doyle filled his pathetic application. The courts
refused to hear evidence that the patent was invalid and Eolas won a half
billion dollars in 'damages'. It is on appeal of course.

The USPTO motto is biblical 'ask and ye shall receive'. So these days most
large enterprises file patents to prevent others doing so. Which of course
merely lends credibility to the USPTO racket, but nobody has much idea of a
better solution. Well not that is likely to be implemented, burning the
USPTO to the ground with all their documents is not very likely.


There is very old prior art for the RMX type concept. And before any
standard is agreed by the comunity there has to be a statement on the IP
issues before it will be adopted. I have negotiated this type of agreement
with large companies before, including Microsoft and IBM. It is not going to
be a problem in this case. 

The standard terms are that anyone can use the technology in a spec royalty
free provided they agree to allow the patent holder to exercise any rights
that the user might hold that are necessary to build or use the invention.
In effect this is a GPL like poison pill clause, I let you use my stuff
provided you let me use your stuff.


                Phill


The IETF has worked under this regime for about ten years.


                Phill

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