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Subject: ODF 1.2 Committee Draft 1, pp. 1-2
Comments on ODF 1.2 Committee Draft 1, mostly (all?) nits copied and pasted from an earlier version of the standard: Pg. 1: "Chair" section should be retitled as "Co-Chairs" and both co-chairs should be identified along with their affiliations. Query, whether Michael Brauer is still co-editor? A Sun press release quotes Patrick Durusau as saying he is "the [singular] editor" for ODF 1.2. <http://blogs.sun.com/ontherecord/entry/patrick_durusau> Query, whether Patrick Durusau's identified affiliation should be updated from "individual" to "Sun Microsystems, Inc?" See ibid. (Sun stated that Durusau is working as a Sun contractor in his role as ODF 1.2 editor). Abstract section paragraph 1 currently reads: >>> This is the specification of the Open Document Format for Office Applications (OpenDocument) format, an open, XML-based file format for office applications, based on OpenOffice.org XML [OOo]. <<< The paragraph needs rewrite for a variety of reasons. 1. Read literally, the two occurrences of the singular "format" inaccurately convey the impression that a single "format" is specified by the standard. The standard actually specifies the product characteristics of multiple types of electronic documents. The attempt to merge the name of the TC into the sentence as written conveys inaccurate information. 2. The products whose characteristics are specified by the standard-to-be are electronic documents in particular formats. I.e., the products specified are not "formats;" they are electronic documents. 3. The phrase, "based on OpenOffice.org [OOo]," is highly ambiguous. It can be reasonably understood as stating that the specification is defined by the format of a a single implementation or that OOo is the officially designated ODF reference implementation. There is no formally recognized reference implementation of ODF and not everyone is familiar enough with the relevant TC history to realize that the phrase was intended in the sense of "originally derived from." 3(a). The Agreement on Government Procurement in Article VI section 2(b) requires that "technical [procurement] specifications" ... " "be based on international standards, where such exist; otherwise ..." The next paragraph, sub-section 3, states a prohibition: "There shall be no requirement *or reference to* a particular *trademark* or trade name, patent, design or type, specific origin, producer or supplier, unless there is no sufficiently precise or intelligible way of describing the procurement requirements and provided that words such as “or equivalent” are included in the tender documentation." International technical standards are expected to simultaneously fulfill the requirements of both the Agreement on Technical Barriers to Trade and the Agreement on Government Procurement. "OpenOffice.org" is a trademarked product. See e.g., <http://www.openoffice.org/about_us/summary.html> ("'OpenOffice.org' is trademarked and protected in the USA"). "[R]eference to a particular trademark" in the standard-to-be thus raises the legal issue posed by the "unless" clause of the prohibition quoted above. Reasonable arguments can be made both for and against the particular passage in the Committee Draft constituting a violation too trivial to survive opposition, but one may not safely presume that a vendor pushing a competing standard would not raise such a challenge in the procurement context. The worst-case risk is that ODF 1.2 if and when adopted as an international standard might be rendered unlawful as a procurement specification in all member nations of the Agreement. I will not at this time discuss the arguments that could be raised on either side of the issue. The bottom line is that inclusion of the trademarked name poses a risk easily avoided by removing the reference to the trademarked product name. 3(b). The phrase at issue conveys no information useful to implementers of the standard. Even if rewritten to more precisely identify the intended meaning, it would be no more than a historical note. Page 2: The Status section of the Committee draft includes the following statement: >>> For information on whether any patents have been disclosed that may be essential to implementing this specification, and any offers of patent licensing terms, please refer to the Intellectual Property Rights section of the Technical Committee web page (www.oasis-open.org/committees/office/ipr.php. <<< I have the following nits to pick with the quoted passage: -- There is no ending punctuation on the sentence unless the following line containing the URL is included in the sentence. -- There is no closing parenthesis following the URL. -- Perhaps better with a full stop at the end of the text preceding the URL and allowing the URL to dangle without parenthesis or a full stop? -- The referenced IPR statement is a separate *page* linked from the TC home page, not a "section" of a singular "Technical Committee web page." Best regards, Paul E. Merrell, J.D. (Marbux) -- Universal Interoperability Council <http:www.universal-interop-council.org>
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