Re: [C-FIT_Community] MS Office 2003 XML patented

Seth - can you post the full original to the list, or privately to me?

i'm collecting evidence (arent we all?) on MS's anti-GPL tactics...

m~

Seth Johnson wrote:

>It doesn't have the GPL language described in the original message:
>
>"You are not licensed to distribute a Licensed Implementation under 
>license terms and conditions that prohibit the terms and conditions of 
>this license.
>
>"You are not licensed to sublicense or transfer your rights.  The 
>licence is royalty free, but GPL §7 requires the right to sublicence 
>patent rights to the people who obtain a GPL program from you."
>
>Seth
>
>
>-----Original Message-----
>From: iriXx <[email protected]>
>Date: Tue, 18 Nov 2003 20:13:25 +0000
>Subject: [C-FIT_Community] MS Office 2003 XML patented
>
>  
>
>>its there
>>
>>http://www.microsoft.com/mscorp/ip/format/xmlpatentlicense.asp
>>
>>
>>  Office 2003 XML Reference Schema Patent License
>>
>>This document is intended to expand upon the rights that Microsoft 
>>grants to certain Microsoft® Office 2003 XML schemas. As described in
>>this document, the technical specifications for the schemas include 
>>rights under copyright to make reproductions and to display and 
>>distribute those reproductions, subject to certain terms and
>>conditions. 
>>The purpose of this document is to provide a patent license to 
>>individuals and organizations interested in implementing software 
>>programs that can read and write files that conform to such
>>specifications.
>>
>>Please read this entire document carefully to understand your rights.
>>
>>
>>    Office Schemas
>>
>>Microsoft Office 2003 includes support for certain XML "schemas"
>>known 
>>as Wordprocessing ML, Spreadsheet ML, and FormTemplate Schemas. For 
>>purposes of this document, these schemas will be referred to as the 
>>"Office Schemas." In general terms, schemas are document structures
>>used 
>>for presentation and layout of XML data.
>>
>>Copies of the technical specifications for the Office Schemas, which 
>>include an associated copyright notice and license, can be found at 
>>http://msdn.microsoft.com/office/understanding/xmloffice/default.aspx
>>.
>>
>>
>>    Patent License
>>
>>Microsoft may have patents and/or patent applications that are
>>necessary 
>>for you to license in order to make, sell, or distribute software 
>>programs that read or write files that comply with the Microsoft 
>>specifications for the Office Schemas.
>>
>>Except as provided below, Microsoft hereby grants you a royalty-free 
>>license under Microsoft's Necessary Claims to make, use, sell, offer
>>to 
>>sell, import, and otherwise distribute Licensed Implementations
>>solely 
>>for the purpose of reading and writing files that comply with the 
>>Microsoft specifications for the Office Schemas. A "Licensed 
>>Implementation" means only those specific portions of a software
>>product 
>>that read and writes files that are fully compliant with the 
>>specifications for the Office Schemas. The term "Necessary Claims"
>>means 
>>claims of a patent or patent application that are owned or controlled
>>by 
>>Microsoft and that are necessarily infringed by reading or writing
>>files 
>>pursuant to the requirements of the Office Schemas. A claim is 
>>necessarily infringed only when it is not possible to avoid
>>infringing 
>>when conforming to the specification because there is no technically 
>>reasonable non-infringing alternative for reading or writing such
>>files. 
>>Notwithstanding the foregoing, "Necessary Claims" do not include any 
>>claims: (i) that would require a payment of royalties by Microsoft to
>>unaffiliated third parties; (ii) covering any enabling technologies
>>that 
>>may be necessary to make or use any product incorporating a Licensed 
>>Implementation (e.g., word processing, spreadsheet or presentation 
>>features or functionality, programming interfaces, protocols), or
>>(iii) 
>>covering the reading or writing of files generally or covering the 
>>reading or writing of files other than those complying with the 
>>requirements of the specifications for the Office Schemas.
>>
>>If you distribute, license or sell a Licensed Implementation, this 
>>license is conditioned upon you requiring that the following notice
>>be 
>>prominently displayed in all copies and derivative works of your
>>source 
>>code and in copies of the documentation and licenses associated with 
>>your Licensed Implementation:
>>
>>"This product may incorporate intellectual property owned by
>>Microsoft 
>>Corporation. The terms and conditions upon which Microsoft is
>>licensing 
>>such intellectual property may be found at 
>>http://msdn.microsoft.com/library/en-us/odcXMLRef/html/odcXMLRefLegal
>>Notice.asp 
>><http://msdn.microsoft.com/library/en-us/odcXMLRef/html/odcXMLRefLega
>>lNotice.asp?frame=true>."
>>
>>By including the above notice in a Licensed Implementation, you will
>>be 
>>deemed to have accepted the terms and conditions of this license. You
>>are not licensed to distribute a Licensed Implementation under
>>license 
>>terms and conditions that prohibit the terms and conditions of this
>>license.
>>
>>You are not licensed to sublicense or transfer your rights.
>>
>>Microsoft reserves the right to terminate this license grant if you
>>sue 
>>Microsoft or any of Microsoft's affiliates for patent infringement
>>over 
>>claims relating to reading or writing of files that comply with the 
>>Office Schemas.
>>
>>You should consult applicable export control laws and regulations to 
>>determine whether they apply to your Licensed Implementation.
>>
>>
>>    Legal Disclaimers
>>
>>THE PATENT LICENSE GRANTED HEREIN IS PROVIDED "AS IS" WITHOUT
>>WARRANTY 
>>OF ANY KIND. ALL WARRANTIES, DUTIES AND CONDITIONS, EXPRESS, IMPLIED
>>OR 
>>STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF 
>>MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND 
>>NON-INFRINGEMENT ARE HEREBY DISCLAIMED.
>>
>>MICROSOFT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES
>>ARISING 
>>FROM OR RELATED TO THIS LICENSE, INCLUDING INDIRECT, INCIDENTAL, 
>>CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES EVEN IF MICROSOFT OR ITS 
>>AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN
>>ADVANCE.
>>
>>
>>    Reservation of Rights
>>
>>All rights not expressly granted in this license are reserved by 
>>Microsoft. No additional rights are granted by implication or
>>estoppel 
>>or otherwise. Nothing herein grants any rights to use or display any 
>>Microsoft trademarks or logos.
>>
>>
>>
>>Seth Johnson wrote:
>>
>>    
>>
>>>Does anybody have a copy of this page saved, or in their cache?  The
>>>language in question appears to no longer be there.
>>>
>>>Seth
>>>
>>>-----Original Message-----
>>>From: Bernard Lang <[email protected]>
>>>Date: Tue, 18 Nov 2003 13:42:53 +0100
>>>Subject: Re: [Patents] MS Office 2003 XML patented
>>>
>>>
>>>
>>>do you have a coppy of that page ...
>>>
>>>it does not seem to exist any longer.
>>>
>>>Bernard
>>>
>>>
>>>On Mon, Nov 17, 2003 at 01:48:11PM +0100, Carsten Svaneborg wrote:
>>> 
>>>
>>>      
>>>
>>>>Hi! Just came across the following:
>>>>
>>>>http://www.microsoft.com/mscorp/ip/format/xmlpatentlicense.asp
>>>>Office 2003 XML Reference Schema Patent License
>>>>
>>>>Microsoft may have patents and/or patent applications that are
>>>>   
>>>>
>>>>        
>>>>
>>>necessary
>>> 
>>>
>>>      
>>>
>>>>for you to license in order to make, sell, or distribute software
>>>>   
>>>>
>>>>        
>>>>
>>>programs
>>> 
>>>
>>>      
>>>
>>>>that read or write files that comply with the Microsoft
>>>>   
>>>>
>>>>        
>>>>
>>>specifications for
>>> 
>>>
>>>      
>>>
>>>>the Office Schemas.
>>>>
>>>>So usage of MS Word XML files requires a patentlicense.
>>>>
>>>>:
>>>>
>>>>You are not licensed to distribute a Licensed Implementation under
>>>>   
>>>>
>>>>        
>>>>
>>>license 
>>> 
>>>
>>>      
>>>
>>>>terms and conditions that prohibit the terms and conditions of this
>>>>   
>>>>
>>>>        
>>>>
>>>license.
>>> 
>>>
>>>      
>>>
>>>>You are not licensed to sublicense or transfer your rights.
>>>>
>>>>The licence is royalty free, but GPL §7 requires the right to
>>>>   
>>>>
>>>>        
>>>>
>>>sublicence
>>> 
>>>
>>>      
>>>
>>>>patent rights to the people who obtain a GPL program from you.
>>>>
>>>>so in other words Microsoft is using patents to prevent GPLed
>>>>   
>>>>
>>>>        
>>>>
>>>programs
>>> 
>>>
>>>>from accessing the XML format that MS Word will be using.
>>>      
>>>
>>>>This is very good timing, and goes to show how important it is to
>>>>   
>>>>
>>>>        
>>>>
>>>ensure
>>> 
>>>
>>>      
>>>
>>>>that the software patent directive has articles that protects
>>>>   
>>>>
>>>>        
>>>>
>>>interoperativity
>>> 
>>>
>>>>from consituting patentinfringemet.
>>>      
>>>
>>>>-- 
>>>> Mvh. Carsten Svaneborg
>>>>http://www.softwarepatenter.dk
>>>>        
>>>>
>
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>


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