MESSAGE
| DATE | 2003-11-17 |
| FROM | David Sugar
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| SUBJECT | Re: [hangout] A much more complete analysis of the msn search eng ine...
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On Monday 17 November 2003 11:47 am, Michael Richardson wrote:
> The XML data is open and interchangeable with Microsoft XML.
See "http://www.microsoft.com/mscorp/ip/format/xmlpatentlicense.asp" and
consider the implications on an XML data format that has a patent license
that states:
"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."
I do know that this would directly contravene EU competition law, from the
European Union Treaty articles 81 & 82, and the original Treaty of Rome,
articles 85 and 86 where used or required by (European) government agencies,
as it would enable one ("market monopy", hence application of 82/86) vendor
to select and control what other vendor's such agencies may freely contract
with to provide interoperable services, products, clients to view published
government documents, etc, and under what terms of sale or license vendors
may be permitted or excluded from contracting.
As such I do not consider it just an immoral action, but a clearly illegal one
as well. This applies equally well in the US, although the problem here is
that it would be a matter of challenging individual solicitations, each of
which would have to be separately challenged by individual parties directly
who each would have to have direct legal standing, where the EU has a more
centralized mechanism for dealing with such abuse that is far more
approachable.
Of course, this drifts away from the VERY relevant XBOX and Digital
Restriction Management issues directly (although is related), but into
another and more specific area I had thought about for awhile now.
____________________________
NYLXS: New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc
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