Microsoft excludes competitors with OOXML patent license?

Summary:

ECMA has just published two documents related to the patent licensing of ECMA376v1 and ECMA376v2. Microsoft promises to give a patent license under so called "reasonable terms". Reasonable for whom?

Microsoft excludes competitors with OOXML patent license?

zoobab 1229878277|%e %b %Y, %H:%M %Z|agohover

ECMA has just published two documents (letter1 and letter2) related to the patent licensing of ECMA376v1 and ECMA376v2. Microsoft promises to give a patent license under so called "reasonable terms". Reasonable for whom?

Here is the letter for the ECMA376v1:

Here is the letter for the ECMA376v2:

If you have some time, you could transcript it for blind people and bloggers to quote it.

ECMA has also a good sense of humor (the right source is a PPT presentation about ECMA):

Patents: Solid and proven patent policy and practice:

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.”

However, Ecma does not:

• Assess the essentiality and validity of patents for implementation of a standard, nor
• Conduct patent searches for patents used in standards, nor
• Define the term “Reasonable And Non Discriminatory” (RAND)

We have requested a commercial patent license in July, but radio silence since then on the Microsoft side. Yet another proof that the patent system does not work.

The ECMA code of conduct in patent matters is here:

1. Policy
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.

1.1
In case the proposed Standard is covered by issued patents of Ecma members only: Members of the General Assembly are asked to state the Company licensing policy with respect to these patents.

I wonder what the latest requirement means. Nobody knows exactly which Microsoft patents covers the specification. Nobody has ever seen the list.

last edited on 1229879231|%e %b %Y, %H:%M %Z|agohover by zoobab + show more

Re: Microsoft excludes competitors with OOXML patent license?

arebenti 1229883062|%e %b %Y, %H:%M %Z|agohover

It is not common to disclose the number of patents. In fact industry players generally see that as a disadvantage.

Re: Microsoft excludes competitors with OOXML patent license?

zoobab 1229936985|%e %b %Y, %H:%M %Z|agohover

Standards are made for the people and the market, not for "industry players". But Standards Organisations are usually captured by vendors, as we saw during the OOXML debate at the BRM notably.

Re: Microsoft excludes competitors with OOXML patent license?

arebenti 1229976970|%e %b %Y, %H:%M %Z|agohover

It is not common for those parties which license their patents for an international standard. This is why you have indemnification models. I guess Simon Phipps once explained quite convincing why it is important.

Re: Microsoft excludes competitors with OOXML patent license?

zoobab 1229938354|%e %b %Y, %H:%M %Z|agohover

See also:

http://boycottnovell.com/2008/12/21/cat-is-out-of-the-bag/