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Subject: Re: [office] ODF Reciprocal License Allegation
Hi Eduardo, By next week this latest conspiracy theory will likely go the way
of other myths that got some noise, and then into a vast echo chamber
that otherwise intelligent people reference in shamelessly self
serving ways to justify the next conspiracy theory. I can hear
the deafening refrain now, "There were so many reports that Sun
had patents on ODF and that it's not really open, that you have to
stop and think". Your arguments though have the truth of being
there. Would you mind if PJ published your comments?
I know that's asking a lot, especially since there's far more at
stake than needing to respond to the lies and deceits of the MS
Office 12 gang. But your response is clean, clear, and to the
point. Groklaw does have one loud and booming voice. And
PJ is the kind of do gooder who doesn't like FUD. She usually
does an excellent job of exposing and slamming away lies, deceits and
distortions. The day before the final decision was made, i had a chance to speak at length with Peter Quinn. They were hoping against hope that Microsoft would respect their decision and make the necessary accommodations to provide OpenDocument files. Sadly it was not to be, but for sure Microsoft was given every consideration. Deserved or not. Peter did ask if i would participate in his panel discussion session at the upcoming NACIO conference in San Diego. They expect excellent attendance from every state. He's trying to get someone from Microsoft, but so far they are refusing to participate. So i asked him if it would be okay if showed up with a few hundred OpenOffice.org CD's to pass out. He told me i would need more than that :) Apparently the line behind Massachusetts is both long and ready. I also asked if he and Eric would kindly autograph my copy of the OASIS OpenDocument v 1.0 specification. He said of course, but then asked if i could get him a copy autographed by all the engineers and TC members who worked on OpenDocument. That would be a very nice thing to do Eduardo, but could Sun help me put something like that together? Thanks for setting things straight, ~ge~ Mary McRae wrote: To Michael, Gary, et al, I'm forwarding this to the TC list on behalf of Eduardo Gutentag. Regards, Mary -----Original Message----- From: Eduardo Gutentag [mailto:Eduardo.Gutentag@Sun.COM] Sent: Monday, September 26, 2005 8:54 PM To: Mary McRae Subject: Re: [office] ODF Reciprocal License Allegation Mary, since I am only an Observer of the Office TC, could you please forward this to Gary and the rest of the TC, written in my capacity of Sun's primary representative to OASIS? Thank you. --------------------------------------------- Gary, others, can you spell FUD? Yes, I knew you could ;) There are a few things that should be made clear, since the goal of FUD is always to make things unclear. What Sun posted as an IPR promise in 2002, as anyone in this field knows, including Brian, was a conventional short form assurance that, if we turned to have any patents that read on the specification, we would license them RF. We have never turned up any patents reading on the specification, so there has been no need to compose, let alone grant, a license. (Let me remind you that the issue here is an XML schema, not software; the very idea of patenting and enforcing patents against schemas is really more someone else's style and idea of fun than Sun's.) The whole point of that assurance was to voluntarily remove FUD, by making it clear there would be no licensing obstacles. We have all come a long way since 2002. After some aggressive uses of asserted patents and sub-licensing issues-- again, not from us -- the open source communities are now very cautious about precise license terms. This is actually good. And many vendor companies have also become more sensitive to the needs of the open source communities. This is even better. To make implementors' analysis actually simpler, we at Sun are dotting the i's and crossing the t's on something which will be made public sometime hopefully within the next few days and that we believe will satisfy everybody. Well, almost everybody; certainly not those who are spreading Fear, Uncertainty and Doubt. By the way, those criticisms about reciprocity and sub-licensing are flat wrong. On sublicensing, they looked at the wrong rules. The 2000 OASIS IPR policy that governs OpenDocument has no sublicensing bar. Their conments about reciprocity were so far off as to be surreal. Yes, Sun reserved a reciprocity right; so does Microsoft; so does everyone else in this industry. It's a non-issue and no obstacle to free (or otherwise) software. We could go much deeper into the tedious details if needed, but it's not needed. There's no real issue here. Only made-up ones. On 09/26/2005 08:39 AM, Gary Edwards wrote:Hi all, Pamela Jones of Groklaw.net just contacted me about the license of the OpenDocument format. She pointed out a blog from Microsoft's Brian Jones: http://blogs.msdn.com/brian_jones/archive/2005/09/22/472826.aspx <MS Brian Jones quote> While we're on this topic, I think it's important that you all take a look at the comparable situation with Open Document. A lot of folks just seem to assume that since it's a standard, there are no IP issues and everything is very straightforward. Well, take a look at this: http://www.oasis-open.org/committees/office/ipr.php Sun seems to be saying that it may have IP in the Open Document spec. While Sun says it is willing to provide a royalty-free license, one would still need to ask Sun for a license. The license is not posted. It would be interesting to see, and I'll probably try to see if I can find it. The statement on the site alone reveals that at a minimum, they have at least one condition - you have to give Sun a reciprocal license. </quote> <OOo Discuss quote> We need a response to this MS allegation that there are IP issues with ODF. And whether ODF is GPL-compatible. It is hard to imagine it not being GPL compatible, since it's being used by KOffice, which is GPL. I hope Gary can give us an answer. </quote> Any thoughts on this? Before the day is out i will try to speak with Peter Quinn, the CIO of Massachusetts about this. No doubt Microsoft hopes this issue falls right on his head. But i think the OpenDoc TC has to be prepared to respond. ~ge~ |
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