Re: [Patents] MS Office 2003 XML patented

[Simo Sorce <simo.sorce@xsec.it>]

On Mon, 2003-11-17 at 13:48, 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.

Not only there is also the problem of the advertising clause effect
imho.

> so in other words Microsoft is using patents to prevent GPLed programs
> from accessing the XML format that MS Word will be using.

Well the text says that Microsoft May have patents, not that they have
for sure, so it is up to you to decide wether to risk or not.

> 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.

yes, that's right, we know that patent on software are only
showstoppers, nothing to do with innovation.

-- 
Simo Sorce - simo.sorce@xsec.it
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