Patent Woes: Speechless about the Word judgment

This is one of the times when you rub your eyes in disbelief, speechlessly gape at the screen and read the same e-mail over and over again. Pranesh Prakash of the Center for Internet and Society forwarded an article titled, "Judge: Microsoft can't sell Word anymore." The article says,

Judge Leonard Davis, of the U.S. District Court for the Eastern District of Texas, ordered a permanent injunction that "prohibits Microsoft from selling or importing to the United States any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML," according to an announcement by the plaintiff, Toronto-based i4i Inc.

Judge Davis ordered Microsoft to pay $290 million in damages. The abstract of the i4i patent reads,

A system and method for the separate manipulation of the architecture
and content of a document, particularly for data representation and
transformations. The system, for use by computer software developers,
removes dependency on document encoding technology. A map of metacodes found in the document is produced and provided and stored separately from the document. The map indicates the location and addresses of metacodes in the document. The system allows of multiple views of the same content, the ability to work solely on structure and solely on content, storage efficiency of multiple versions and efficiency of
operation.

While I am not a big fan of Microsoft, even I have to admit that this is crazy. But wait a minute! Didn't Microsoft get a patent last week for "Word-processing document stored in a single XML file that may be manipulated by applications that understand XML."

The abstract of the Microsoft patent reads,

A word processor including a native XML file format is provided. The well formed XML file fully represents the word-processor document, and fully supports 100% of word-processor's rich formatting. There are no feature losses when saving the word-processor documents as XML. A published XSD file defines all the rules behind the word-processor's XML file format. Hints may be provided within the XML associated files providing applications that understand XML a shortcut to understanding some of the features provided by the word-processor. The word-processing document is stored in a single XML file. Additionally, manipulation of word-processing documents may be done on computing devices that do not include the word-processor itself.

So, is someone playing tit-for-tat or an-eye-for-an-eye? Mahatma Gandhi said, "An eye for an eye makes the whole world blind." In the weird, wonderful world of digital technology where greedy corporations can convert standards (that should rightfully belong in the commons) into private property, anything can happen.

The Microsoft-Yahoo deal

I saw a news iterm in the papers that Microsoft may raise its bid for Yahoo. Let's face it folks, both these guys need each other. Microsoft has tried its hand in the online game through MSN, acquiring Hotmail, Slate etc and these efforts haven't added up to much. The Yahoo bid is probably its last chance (since Google is not for sale or is too expensive) to establish a significant online presence. The alternative is to go on another spending spree and revamp MSN and other online properties.

For Yahoo, there are not too many potential acquisition candidates and time is running out. At one point in time, Yahoo was *the* first Internet destination for most people, Google now holds this prime spot. Unless Yahoo comes up with some killer app that increases its market capitalization, it could see a decline in value. And value on the Internet can sometimes decline dramatically. Remember Pointcast, which was valued in billions at one point in time and was eventually sold to news Corp for a mere $7 million?

There will be a bit of haggling, Microsoft will up its price for Yahoo and both these chaps will fall into each others arms and issue feel-good press releases.

A sad day for open standards

Let me admit it--I am saddened to see that OOXML now has the ISO stamp. The open source and free software communities are motivated by the dream of building an inclusive information society. Open standards--which can be freely implemented by anyone on a royalty-free basis and are created through consensus--are the foundation of this dream.

Therefore the Open Source Foundation of India feels that OOXML is an April Fool's Day joke played on the whole world and is a very sad outcome for open standards. The manner in which Microsoft has pushed OOXML through the ISO has breached all norms of standards creation. The voting results show that emerging economies like China, India, South Africa have voted against OOXML. Due to the manner in which one organization has hijacked the standards institution, we need to ask ourselves, "Can we trust these organizations with the critical standards that India depends upon?"

China's reaction has been to create standards of its own and it is reported that they have plans of creating 10,000 of their own standards. To protect our country's interests, we will have to ask organizations like ISO to follow transparent and ethical standards creation processes. Alternately, emerging economies will have to come together to create standards institutions that cannot be hijacked by monopolistic organizations.

Those who want to know the value of open standards just have to look at the amount of innovation that has happened on the Internet and compare it to the desktop world where competition has been systematically killed off to protect monopolies. Vendor driven standards like OOXML are not open standards and the Software Freedom Law Center has cautioned open source and free software developers from implementing OOXML due to legal risks. Since open source is the most viable alternative to expensive proprietary software, the global open source community is extremely unhappy with this development.

Bill Gates is new Secretary-General of ISO

Phew, just managed to file it before 12AM!

Bill Gates is new Secretary-General of ISO

In a dramatic development, Bill Gates of Microsoft has taken over as the new Secretary-General of ISO. The outgoing Secretary-General, Illbeser Vile said that since most of the ISO members now belong to Microsoft, this is the most appropriate course of action.

Announcing his ascendancy at a press conference, Bill Gates justified the takeover of ISO. "Just as George Bush invaded Iraq due to WMD (Weapons of Mass Destruction), we have invaded ISO for approving a WMD (Weapon of Monopoly Destruction) called ODF (Open Document Format).

"For 26 years, we have been one step ahead of the world, constantly changing the file formats to suit our whims and fancies. Then one day we woke up to find that governments are embracing ODF. This had to be stopped."

Flicking the dandruff off his suit, Gates said that he has been itching for action ever since he stepped down as CEO of Microsoft. "I built two great monopolies in Windows and Office but it got kinda boring. I went off on a retreat, called all the M$ top-shots to the table and asked, "What's the next great monopoly that we can build?"

After three days of intense discussion, the M$ guys finally said, "Why even care to build products, when we can monopolize standards itself?"

Speaking to the press, Microsoft's VP for Interoperability, Wescroo U said, "Now we are back to where we belong - bang in the center of the universe! There was a time when the desktop world used to revolve around Microsoft. Then these pesky Internet startups like Yahoo, Google and Facebook turned up, making us looks like fuddy-duddies. Once we control the standards, we'll see what happens to the sky-high stock valuation of some of these companies."

Speaking to investors, Gates said that controlling ISO was the ultimate business model. "Now we don't even need to build products ("we were not very good at that anyway, just look at Vista!") Our new strategy is:

1) Drive adoption of our standards
2) File a thicket of patents around it
3) Sit back and collect royalties or sue the buggers who don't pay up.

If the software business was a 80 percent margin business, this is a pure-cash play," Gates told salivating Wall-Street types. "Then why have so many employees?" asked a shiny, bald-headed guy in a pin-stripe suit. Promptly, 40,000 out of 50,000 Microsoft employees were fired, sending Microsoft stock into the stratosphere, where it finally overtook Google. The remaining 10,000 employees were reassigned to frantically create "standards" or file patents around them.

One Microsoft minion patented the English language. Everytime, the press asked a question in English, Microsoft was a few dollars richer. The Queen was reportedly furious about it but there she could do little about it since England is now the 51st state in the United States of America. Another Microsoft factotum patented the right-hand drive as well as the left-hand drive. Microsoft lawyers promptly scurried around halting traffic on the streets and collecting royalties from bewildered commuters, ably assisted by the traffic police, especially in the banana republics around the world. The only exceptions were the rebel outposts of China and India, which refused to toe the Microsoft line. To neutralise these pesky, non-Microsoft compliant countries, Gates and co, told investors that they will foment a war between the neighboring countries. "That will teach them how to comply," sniggered the man whose net worth was now half the GDP of the world.

"Is there no limit to your greed?" asked a reporter asked a journalist in an awed whisper. "No. Our aim is TOTAL WORLD DOMINATION(TM)," said Gates.

Watching this on his TV in the Oval Office, George Bush turned pale. Promptly, Secretary of State, Condoleeza Rice, whispered into the President's ears, "Don't worry sir. If nothing else stops them, we can try nuclear deterrence."

NOTE: The sequel to this is coming soon to a multiplex near you. Tickets will cost double since the movies will be encoded in Microsoft's proprietary WMA format.

ADDENDUM: Gates said that he is also going to unveil an April Fools Day joke on the world called called OOXML. However, since there are some well known date problems with the OOXML format, it will be unveiled only on April 2nd, 2008. Get ready for the Microsoft Tax!

Microsoft files complaint on OOXML vote to apex office and Ministry of Consumer Affairs

I love Microsoft for their sheer willingness to piss off every human being on this planet in their quest for approval of OOXML. At the meeting held on 20th March 2008, we were informed that Microsoft has complained to the Ministry of Consumer Affairs and to the apex office of the country about the constitution of the committee and also cast aspersions on the impartiality of the chairperson of LITD15, Mrs. Neeta Verma. The chairperson was furious and offered to step down from her post. She pointed out that the committee has met numerous times and Microsoft never brought this issue up in front of the committee nor did they check the facts with her or her organization before complaining to the apex office. I do not have a copy of their complaint but am assuming that their complaint is that the committee is packed with supporters of ODF.

Mrs. Verma was persuaded to stay back only after all the other members requested her to stay. After that, Dr. Arora of CSI displayed great statesmanship by asking the Microsoft representative if Microsoft would like to withdraw its complaint. Sadly, the Microsoft representative said that it cannot be withdrawn because it was sent by his senior or some similar reason. The Wipro representative then chimed in and tried to stall the vote by saying that he did not believe that the committee has not been able to apply its mind to the subject and should therefore abstain from voting on this issue! For those of us who have been engaged in this issue from the very beginning (as compared to the software exporters who put in cameo, guest appearances and contributed very little to discussing technical issues) this was obviously not acceptable.

I am just amazed and shocked by the depths to which Microsoft is willing to descend. I have had the privilege of representing Red Hat and the Indian open source community on the LITD 15 committee and have attended almost all the meetings convened on OOXML over the last one year. I would therefore like to place on record my appreciation for the Bureau of Indian Standards and Mrs. Neeta Verma for the transparency and openness with which they conducted an exceptionally difficult task. The manner in which they conducted the proceedings has done India proud and is in stark contrast to the controversies surrounding committees reviewing OOXML in other countries.

Some of the most respected academic institutions (IIT Bombay, IIT Delhi, IISc, ISI Kolkatta and IIM Ahmedabad) besides several government organizations were part of this committee and I have no doubt that they will wholeheartedly agree with my opinion. I would also like to point out that the academia and government bodies have comprehensively voted against OOXML after spending more than a year reviewing it. Doubters who are still not satisfied can verify the transparency of these meetings by requesting recordings of the meetings from the Bureau of Indian Standards and anyone under the Right to Information Act.

To cite just one example, a four-member committee at IIT Bombay spent countless hours reviewing OOXML before voting against the proposal due to its technical flaws. The only group to vote in favor of OOXML was the software exports group and that too on the basis of “support for multiple standards,” an argument which had no relevance because the committee was asked to review OOXML on technical merits and national interest.

Considering the fact that some of the finest technical minds in the country have spent more than a year reviewing OOXML before India finally voted No, I feel that Microsoft's complaint is a great disservice to the committee, its chairperson and the Bureau of Indian Standards. For those who are interested, this is how the committee voted on the question, "Should India change its NO vote on OOXML?"

1. National Informatics Center - NO
2. Center for Development of Advanced Computing - NO
3. Computer Society of India - NO
4. Department of IT - NO
5. IBM - NO
6. Institute for Electronic Governance - Absent
7. Indian Institute of Management, Ahmedabad - NO
8. Indian Institute of Science - NO
9. Indian Institute of Technology, Delhi - NO
10. Indian Institute of Technology, Bombay - NO
11. Infosys - YES
12. Indian Statistical Institute, Kolkatta - NO
13. Manufacturers Association of IT - Abstain
14. Microsoft - YES
15. National Association of Software and Services Companies - YES
16. National Institute of Smart Governance - Absent
17. Reserve Bank of India - Absent
18. Red Hat - No
19. Standardization Testing and Quality Certification Directorate - NO
20. Sun - NO
21. Tata Computer Services - YES
22. Wipro - YES (for changing India's vote from NO to Abstain)

India votes NO for OOXML

After a colossal amount of debate and discussion over the last one year, India has finally voted NO for OOXML. Today the committee was asked "Should India change its September 2007 No vote into Yes?"

13 members voted No
5 members (including Microsoft, of course) voted Yes.
1 member abstained
3 did not attend

The government bodies, academic institutions and industry voted against OOXML. The only people who voted for OOXML were the software exporters--TCS, Infosys, Wipro and NASSCOM (National Association of Software Services Companies).

Microsoft "persuades" NGOs to support OOXML

Our friends at Linux Delhi have put up a copy of the form letters that Microsoft has been sending NGOs on the OOXML issue. Apparently, these NGOs have been sending copies of these letters to the Ministry of IT and Bureau of Indian standards.

Raj Mathur of Linux Delhi asks makes some pertinent points which are quoted below:

There is a possibility that some, if not all of these NGOs are beneficiaries of cash inputs from their (MS') Corporate Social Railroading ^H^H^H^H^H^H^H^H Responsibility arm. I'd really be interested in answers to these questions, anyone up to asking them?

* How many letters supporting OOXML has the Government of India received from NGOs in the recent past?
* How many of these NGOs have received cash inputs (directly or indirectly) from MS?
* How many of these NGOs can sit across a table and discuss OOXML?
* How many of these NGOs can enumerate the benefits of OOXML over, say, ODF for their own organisations?

The NGOs supporting OOXML are probably as clueless as ASSOCHAM (Associated Chamber of Manufacturing) which told a journalist from the Economic Times that they supported OOXML because "Microsoft is a member." If that's the case, ASSOCHAM should have been honest about the fact that they are supporting a member and not palmed it off "in the national interest."

I feel sorry for these NGOs who probably depend on Microsoft's donations. Do you know of any NGO that has received similar letters? Please bring this to my attention and I will give them a call to find out how much they know about OOXML and ODF :-) Meanwhile, everyone, give a big hand to Microsoft for redefining Corporate Social Responsibility. If their tribe increases, doomsday is not far away!

"Talk is cheap; flouting the rules is expensive"

Microsoft's interoperability announcement has been met with skepticism by the European union, which levied a record $1.3 billion fine on Microsoft. This comes on top of an earlier penalty of $1.17 billion.

Marketwatch reports that:

The European Commission in 2004 found that Microsoft was using its dominant position in operating system software to prevent new competition, and ordered the company to grant rivals access to its technology "protocols" at a reasonable price so they could develop compatible products.


When billion dollar fines do not deter Microsoft, what else will? This is a classic example of the worst excesses of capitalism where companies become so powerful that they are not answerable to any soverign country. The systematic subversion of ISO's processes to "fast-track" a massive 6,000 page "standard" with huge gaping flaws, gaming the ISO system by fixing the ballot in countries like Pakistan and Sweden, getting a whole bunch of countries to join ISO at the last minute to rig the system so that OOXML gets two-thirds majority required to become an ISO standard.... how long will this abuse continue? And how long can India remain a mute bystander to such blatantly unethical practices? We are a soft state and we often pay the price for it.

This is where I admire the European Union for having the guts to investigate the anti-competitive practices of Microsoft. I doubt if any Indian policy maker will ever make the kind of statement that Neelie Kroes, European commissioner for competition policy made. "Talk is cheap; flouting the rules is expensive. Microsoft continued to abuse its powerful market position after the Commission's March 2004 decision requiring it to change its practices."

The EU is also investigating Microsoft's anti-competitive practices around OOXML and I thank god that at least one government has the sense to do something more than stand by and watch like a dumb pole. I hope that one day, Indian policy makers will display the kind of spine that Neelie Kroes and others at EU have shown in taking on Microsoft.

Meanwhile, the eerie radio silence from the OOXML BRM at Geneva is unnerving. More than 120 people discussing such a critical issue and not a peep out of the blogosphere! Such a secretive way of creating globally important standards is a practice that stinks to high heavens!

Microsoft Certified Ballot Box Engineering in Pakistan?

After some digging around, I found out that there was indeed a committee that met and voted yes for OOXML in Pakistan. It looks like the committee met just once. There was a presentation on OOXML by a Microsoft person to the committee members. From what I hear, no views from the opponents of OOXML were presented. I had e-mailed the directors of Pakistan Standards and Quality Control Authority (PSQCA) and to the Pakistani Minister of Science and Technology, Ch. Nouraiz Shakoor Khan saying that we would like the open source community's views to be presented before a final vote was taken but received no replies. After listening to the Microsoft person, the committee voted in favor of OOXML. Now here is the interesting bit: Out of the 12 committee members, four are Microsoft Gold Partners, one was a Microsoft representative and the rest were academics. After the invalidated vote in Sweden, I am not surprised that so many Microsoft Gold Partners were on this committee. I tried to check whether the open source community's views were taken into consideration before the voting but currently I do not have information on this.

PS: I hear that Microsoft is planning to now offer MCBBE (Microsoft Certified Ballot Box Engineer) course along with its other course. I hear that several Indian political worthies who have specialized in booth capturing are lining up to take this course and upgrade their professional skills!

Now, M$, please stop smoking it!

Despite all the ballot box stuffing, Microsoft's OOXML proposal was defeated at ISO. What does the company that calls darkness as light have to say? It has the arrogance to release a press release titled, "Strong Global Support for Open XML as it Enters Final Phase of ISO Standards Process." The press release quotes Robertson, general manager for Interoperability and Standards at Microsoft Corp as saying:

"Technical experts around the world have provided invaluable feedback and technical recommendations for evolving the format," Robertson said. "The high quality of the Open XML format will be improved as a result of this process, and we take seriously our role in working within the Ecma technical committee to address the comments received.

Excuse me Tom, but India voted unanimously against OOXML. In case that did not register, let me repeat: India voted unanimously against OOXML. Despite all the explanations given by Microsoft, the Bureau of Indian Standards committee formed to examine OOXML marked each of the 200 issues as unresolved. Now, do you still use the words high-quality and OOXML in the same breath?

What this company deperately needs is a moral compass!

Memo to Microsoft: Stop wasting our time!

Finally word is out and the Bureau of Indian Standards has confirmed that it will be submitting a "No with comments" vote to International Standards Organization on Microsoft's OOXML proposal. This brings to a temporary close five to six months of hectic legwork to prevent a sub-standard proposal from getting the coveted tag of an ISO standard.

I doubt if Microsoft realises it, but its actions are only making it the Union Carbide of the global IT industry. Microsoft is the world's largest software company but if you flip through their 6000+ pages of OOXML documentation, you'll be justified in wondering how they grew so big if the rest of their work is as shoddy as OOXML. The extremely flawed proposal certainly does not befit its stature in the IT industry. But, does Microsoft learn from all the feedback given to it or does it learn anything from it. No. Humility and Microsoft are like oil and water--never shall they mix. According to reports coming in from countries that are involved in the ISO vote on OOXML, Microsoft is busy stuffing the ballot boxes. Read Andy Updegrove's blog post The OOXML Vote: How Bad Can it Get? (Keep Counting). Originally, only 30 ISO members were supposed to vote on OOXML. However, as the September 2nd date for the final voting comes close, another ten more countries have joined the committee. Updegrove says:

As someone who has spent a great part of my life working to support open standards over the past 20 years, I have to say that this is the most egregious, and far-reaching, example of playing the system to the advantage of a single company that I have ever seen. Breathtaking, in fact. That's assuming, of course, that I am right in supposing that all of these newbie countries vote "yes."

I guess we'll just have to wait and see a few more days to learn whether that assumption is true. Want to place your bets?

Sitting here in India, it is difficult to influence countries like Malta, Cyprus, Ecuador, Jamaica, Lebanon, Pakistan, Trinidad and Tobago, Turkey, Uruguay and Venezuela in the two days left before the final votes are submitted, but we shall try. I checked with the IT ministry in Pakistan and brought to their attention that Pakistan is now a "P" member of ISO which entitles it to vote on OOXML. This was news to them as they were not consulted on the OOXML issue. I hope that Pakistan's vote will be cast only after thoroughly reviewing the arguements for and against OOXML.

Coming back to India, I am extremely proud of the fact that my country has voted against this proposal. To accept such a poor document would have been to denigrate the very meaning of "standards." The academia, the government bodies, industry organizations and non-profits like the Free Software Foundation spent countless hours debating and discussing this issue. Some of the best brains in India burnt the midnight oli to review this 6000 page proposal and the final consensus was that none of Microsoft's answers to the 201 technical issues raised was found satisfactory. I hope the Microsoft bosses in Redmond take note of this and make a genuine attempt to rectify the issues instead of trying to stuff the ballot boxes.

For wasting the collective intellect of India's best IT brains, Microsoft and ECMA must be blacklisted. Just as a person with a bad credit history has to redeem himself or herself before applying for subsequent credit, any standards proposal submitted by these two organizations should be thoughly vetted before it is even accepted for review or voting in India. India has more pressing problems to tackle than OOXML. Therefore, Microsoft, please do us a big favor and stop wasting our time. Next time, do your homework before you submit something to India.

PS: This is an old joke in the IT industry and shows how little Microsoft has changed in decades.

Q. How many Microsoft engineers does it take to change a light bulb?

A. None. Microsoft declares Darkness(TM) an industry standard.

Media coverage of OOXML issue

The media seems to have taken great interest in the OOXML issue. The Economic Times, which is the world's second largest financial newspaper had an article titled, India throws MS open format out of the window. The article said:

NEW DELHI: India on Thursday gave Microsoft a thumbs-down in the war of standards for office documents.

In a tense meeting at Delhi’s Manak Bhawan, the 21-member technical committee decided that India will vote a ‘no’ against Microsoft’s Open Office Extensible Mark Up Language (OOXML) standard at the International Standards Organisation (ISO) in Geneva on September 2.

“We unanimously agree on the disapproval of OOXML with comments. The same will be submitted to ISO,” National Informatics Centre head and BIS technical committee chairperson Nita Verma said after a marathon meeting that lasted over six hours. There was no need for a voting as only Infosys Technologies and CSI supported Microsoft.

The Open Document Format (ODF) alliance, enjoying widespread support from academia and corporates like Oracle, IBM, Red Hat, Sun Microsystems, Google, were in a jubilant mood having succeeded in stalling OOXML from being accepted as a standard in India.

Business Standard, had an article titled, "BIS stumps Microsoft for new language"

Leslie D'Monte / Mumbai August 24, 2007

Microsoft today suffered an initial setback when the Bureau of Indian Standards (BIS)-appointed technical committee did not approve of its Open Office eXtensible Mark-up Language (OOXML) as an alternative standard for electronic office documents to the International Organisation for Standardisation (ISO).

It qualified its disapproval with comments. The BIS can review the decision till September 2, when the same has to be submitted to the ISO along with 123 other country-specific standards bodies.

This article quotes a Microsoft spokesperson saying, "We respect the decision taken by the Bureau of Indian Standards (BIS)-appointed committee. At the same time, it is important to note that all the BIS members unanimously support the need for multiple standards. Going forward, we will work with the BIS and the committee members on the comments noted during the ballot resolution process.”

Well, I attended almost all the meetings of BIS and certainly do not agree with this viewpoint. My submission to BIS is that vendors should collaborate on standards and compete on their implementations. Who in the world wants two different HTML standards? I certainly don't.

Hindustan Times had an article titled, A New Duel.

Friday August 17, 12:54 AM

The biggest IT giants are at war. A war so huge that its magnitude spans almost the entire planet. The bone of contention is who will control your office documents - to be precise, the underlying document formats that run on your computers. It is a bit like what language a national anthem will be written in. It involves pride, sentiments and high stakes.

The rivals in this high pitched battle are Microsoft on the one hand and an influential axis of IBM and Sun Microsystems on the other. The IBM-Sun axis is backing the Open Document Format (ODF) alliance. A veritable who's who of the industry is lined up, taking sides.

Linux Asia 2007 and Microsoft

I was incredibly disappointed to see that Microsoft was included as a sponsor of Linux Asia 2007. This completely shortsighted move on the part of the organizers made participating or sponsoring the event even less meaningful. Our feedback to the organizers has been that audience generation has not been up to expectations. My blunt feedback to the organizers was that when the platform is called Linux Asia, they should not have invited Microsoft. If it was IT Asia or some such title, inviting Microsoft would have been OK, but to invite a company that has done so much to damage the open source revolution was a sell-out.

The agenda was quite stale. For example, there was no presence from Kerala, which has done so much in the area of Free and Open Source Software or around the issue of software patents that has come up specially after the Microsoft Novell deal.

In future, I would rather support community events like FOSS.in.