OpenXML.info is reporting on the Brazilian NO vote, mentioning the 63 technical comments that were endorsed by the national standards body in Brazil, ABNT. There are also 2 unresolved comments, one on the impossibility to garantee the compatibility with the old binary format because of the absence of mapping between the 2 formats, and the other one on the evasiveness of the patent Covenant not to Sue. This latest one seems to consider the Covenant Not to Sue as a patent licence, I doubt that it might be considered as a patent licence as such.
Viva do Brasil!
The CNS sucks so much that you probably need a Microsoft patent licence to be legally full proof. Of course the non-public licence terms won't be compatible with GPL, don't dream.
The OSP is good enough
It allows for patents use for anybody on any portion of the spec required by an implementation.
So it is non discriminatory and allows freedom from patents claim on everything you need to implement the spec. !!!
Only the detailed parts of the spec:
http://www.microsoft.com/interop/osp/default.mspx
"To clarify, “Microsoft Necessary Claims” are those claims of Microsoft-owned or Microsoft-controlled patents that are necessary to implement only the required portions of the Covered Specification that are described in detail and not merely referenced in such Specification."
To clarify, nobody knows (except Microsoft) what "in detail" means.
The OSP is good enough
It allows for patents use for anybody on any portion of the spec required by an implementation.
So it is non discriminatory and allows freedom from patents claim on everything you need to implement the spec. !!!
Your arguments have convinced me absolutelly. Incredible clever analysis of the call-it-license-but-is-a-cheap-promise-without-any-legal-warranty.
I only expect that you are not a lawyer (poor of your customers…)
Microsoft-controlled patents that are necessary to implement only the required
portions of the Covered Specification that are described in detail and not merely
it states "and not the referenced parts". That seam pretty clear.
Microsoft does not give patent rights on item it merely references. So for example the standard says you can embed bmp and jpeg files it does not mean you get patent rights on jpeg and BMP but merely on the described method in the standard to embed them.
Of course you do not object to the Sun covenant not to sue I presume, which actually has a lot more vague text in it to limit the validity of the covenant :
"future version in which development Sun participates to the point of incurring an obligation"
At what exact point is Suns participation to opendocument developemnt to the point of incurring an obligation ?
in version 1.0 second edition they hardly contributed as all the edits differing form the regular 1.0 version can be qualified as ISO standardization related edits. So as actually Sun did not contribute anything new to the second edition version at all and therefore the covenant of Sun does not apply to the OASIS 1.0 second edition version ???!!!!!
That is something which cannot happen in Ecma because a new version needs to be voted on and Ecma requires that its member release their patentright on any standard thay vote approval for.
the quoting of text here sucks !!!
The CNS is a parody of SUN's conveneant, they could not get away with it.
Now they offerered the OSP which is tied to an anglosaxon style legal system.
I wonder whether
- the license is available in other languages than English
- in Brazil any legal study was made on the scope or effect of the OSP / CNS
The matter of fact that Microsoft officials always quote the McKenzie study that does not even discuss the OSP contributes very much to market insecurity. So, was there any remark of Microsoft Brazil? Who will get hanged when the OSP fails when tested in court?
@podmokle
If the MS licensing with the covenant not to sue AND the OSP is invalid in your country (which is highly unlikely) then the Sun CNS for Opendocument is certainly invalid.
And actually the sun covenant is much more risky than MS covenant. For with MS they have to renew it every time so you will know which versions it is valid for.
This is totally unclear in Sun covenant.
There is no certain legal guarantee that current versions of OpenDocument are patentfree by reason of the covenant.
It is only asumed because peope asume that Sun contributed to the point of incurring an obligation. however there is no such statment from Sun or anything else that confirms that !!!
You are pretty much alone in your analysis that Sun's promise is more vague than that from MS. I can agree that there may be some undefined dark corners in the Sun promise as well, I am not a lawyer so I wouldn't really know, but too many sources agree that the OSP from MS is rather a lot more vague and ambiguous for you to simply claim the opposite without any backing from legal experts. Please don't be a troll. Be constructive and honest, or prepare to be ignored henceforth.
