[WSG] NYTimes.com Article: Microsoft Quits a U.N. Standards Group

2004-08-24 Thread ckimedia
The article below from NYTimes.com 
has been sent to you by [EMAIL PROTECTED]


This company is really starting to scare me.

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Microsoft Quits a U.N. Standards Group

August 24, 2004
 By JOHN MARKOFF 



Microsoft withdrew from a United Nations software standards
group for commerce, citing business reasons.

http://www.nytimes.com/2004/08/24/technology/24soft.html?ex=1094355517ei=1en=e6be4aa44b34f223


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Re: [WSG] NYTimes.com Article: Microsoft Quits a U.N. Standards Group

2004-08-24 Thread Gary Menzel
 This company is really starting to scare me.

The UN Standards group or Microsoft?

If Microsoft, Why?  The article also mentioned a couple of well known
companies who also had issues with the same standards group (SAP in
Germany inparticular) - primarily (it seems) over the groups
insistance that Intellectual Property placed into the Open Source
arena governed by that body would be indemnified by the contributing
company.

If I was involved with this group and was required to warrant
something I placed into an Open Source project which I then had little
control over how it would be used, I'd be pulling out too.


Regards,
Gary Menzel
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Re: [WSG] NYTimes.com Article: Microsoft Quits a U.N. Standards Group

2004-08-24 Thread John Allsopp
Gary,
If I was involved with this group and was required to warrant
something I placed into an Open Source project which I then had little
control over how it would be used, I'd be pulling out too.
the issue of IP and standards is a tricky one. There are many standards 
bodies, the ones we know best are probably the W3C and the ISO.

Here is the issue. Due to our current IP laws, (particularly patents) 
almost every idea under the sun is essentially owned by someone. 
Obviously standards are based on existing ideas, and so in essence, to 
have a standard, you are using someone's IP. This is not a theoretical 
problem. Microsoft have been granted patents that would apply to 
cascading style sheets. So potentially any browser, or software that 
uses style sheets may infringe MS's patent. You can see perhaps why I 
think this is an important issue.

Now, if you as a company contribute IP to a standard, in effect you 
have the standards body over a barrel. In order for anyone to adopt the 
standard, they need to license your IP. Once a standard is in place, 
what is to stop you discriminating between different companies, 
essentially driving some if not all of your competitors out of the 
space in which the standard operates?

So, in order for a standard to work as it should (levelling the playing 
field for all players), this needs to be addressed.

Originally the W3C policy was that all IP had to be offered to anyone 
using the standard under a Reasonable and non discriminatory license 
(RAND). This caused an outcry. Suppose MS charged $200K to use CSS. 
This doesn;t discriminate, as all are charged the same. But whereas 
Apple or Opera might have no real trouble with that, what about open 
source projects like Mozilla? Or guys like us (westciv, developers or 
Style Master)? So the W3C policy now is, royalty free license. You 
don't lose your IP, you just can't charge for it if it is used in the 
context of the standard.

The issue of what happens if a company changes its mind is interesting, 
and differs between standards bodies. I won't bore people with the 
details here, except to say that the license is not enforceable. If I 
contribute IP to a w3c standard, I can withdraw that even after a 
standard is published, and the W3C has no way of enforcing the license 
(this is according to a patent attorney who spoke on this issue at a 
recent conference I attended)

The W3C does have a policy regarding what it will do in these 
circumstances, bu see here for details

http://www.w3.org/IPR/
Sol in essence, there has to be a trade off. You can't be allowed to 
use IP as a trojan horse to control standards and so a whole industry.

At the bottom of this is our really problematic use of Real Property 
concepts and laws as a basis for IP laws. They are  a bad fit for many 
reasons. Which is not to say we should not have IP laws, but to say 
that they should be framed in rational ways, for general benefit. At 
present IP laws are essentially being written by large US companies for 
their own exclusive benefit. Then countries like australia stupidly 
adopt them via trojan horses like the recent so called free so called 
trade so called agreement between the US and Australia, which claim to 
harmonize IP laws between the US and Australia by *Australia adopting 
US laws in toto*.

Anyway, this is way off topic in some respects, but right on topic in 
others.

john
John Allsopp
:: westciv :: http://www.westciv.com/
software, courses, resources for a standards based web
:: style master blog :: http://westciv.typepad.com/dog_or_higher/
 :: WebEssentials Sept 2004 Sydney Australia :: http://www.we04.com
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Re: [WSG] NYTimes.com Article: Microsoft Quits a U.N. Standards Group

2004-08-24 Thread Gary Menzel
 the issue of IP and standards is a tricky one. There are many standards
 bodies, the ones we know best are probably the W3C and the ISO.

Oh - I can completely understand what you are saying regarding IP,
John.  Where I was coming from in regard to the article is the
following two quotes.

Two people who participate in the standards group said that several
United States and European companies were concerned about intellectual
property rights guidelines in effect within the group. The guidelines
would force corporations who contribute technology to indemnify the
United Nations against potential challenges involving intellectual
property claims

and (following straight on from the above quote)

In May, at a meeting of the United Nations group, the general counsel
for SAP, the German business software firm, announced that his company
would suspend all participation in the organization until the
intellectual property issues had been settled.

My point was this.

if Microsoft were the company mentioned in the original post as
This company is really starting to scare me. then my question in
asking Why? is quite valid in terms of singling out one company who
has chosen to withdraw from the group because they are not happy with
the arrangements.  From that article it appears as though other
members of the group are not happy with what is being proposed.

In other words, I read the article as being more damning of the way
the UN is conducting business rather than being damning of Microsoft.

If I have got the wrong impression - then the press has (once again)
succeeded in muddying waters that it really has no business playing
around in.

And if there are problems with a member company of a standards body
making donations to that standards body, then how else do they get
funding?

In any case, it's just my opinion.

Regards,
Gary Menzel
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