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

[Seth Johnson]

Yes, but it doesn't appear anybody in this cc list captured it.

Seth

iriXx wrote:
> 
> 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 <address@hidden>
> >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 <address@hidden>
> >>>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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> >List Parent: address@hidden
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> >
> >
> >
> >
> 
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> "Do not meddle in the affairs of cats, for they are subtle and will piss on 
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> 
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