User rights are assured in the case of the OpenXML standard at various levels:

  • Via the standardization within ECMA the OpenXML standards has to be conform to the IPR (Intellectual Property Rights) rules of ECMA. An ISO 29500 (OpenXML) standard has to obey the IPR policy of ISO.
  • Furthermore, Microsoft has committed itself regarding the intellectual property rights to the Open Specification Promis (OSP) (http://www.microsoft.com/interop/osp/default.mspx) as well as to a covenant not to sue (http://office.microsoft.com/en-us/products/HA102134631033.aspx).
  • In addition, Microsoft makes the specification of the historic binary formats available to its partners and competitors via a royalty free license (http://support.microsoft.com/kb/840817/de).
  • Finally, the collaboration of important competitors in the standardisation process within ECMA as well as the 22 already realised implementation of the OpenXML standard by competitors (Apple, Novell etc) confirm that the above made requirements regarding user rights and technical information seem to be fulfilled.

Feedback From Representatives of the Community

OSP GENERAL

“Red Hat believes that the text of the OSP gives sufficient flexibility to implement the listed specifications in software licensed under free and open source licenses. We commend Microsoft’s efforts to reach out to representatives from the open source community and solicit their feedback on this text, and Microsoft's willingness to make modifications in response to our comments.”

Mark Webbink

Deputy General Counsel

Red Hat, Inc.

“I see Microsoft’s introduction of the OSP as a good step by Microsoft to further enable collaboration between software vendors and the open source community. This OSP enables the open source community to implement these standard specifications without having to pay any royalties to Microsoft or sign a license agreement. I'm pleased that this OSP is compatible with free and open source licenses.”

Lawrence Rosen

Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)

Stanford University, Lecturer in Law

3001 King Ranch Road, Ukiah, CA 95482

707-485-1242 * fax: 707-485-1243

Author of "Open Source Licensing: Software Freedom and Intellectual Property Law" (Prentice Hall 2004)

“The Microsoft open specification promise is a very positive development. In the university and open source communities, we need to know that we can implement specifications freely. This promise will make it easier for us to implement Web Services protocols and information cards and for them to be used in our communities.”

RL "Bob" Morgan

Chair, Middleware Architecture Committee for Education (MACE)

Senior Technology Architect, University of Washington

 

Extracts from "An economic analysis of parallel standards illustrated using the example the ECMA OpenXML Standard and the ISO ODF Standard", August 2007, Prof. Dr. Knut Blind, Berlin University of Technology, Chair for Innovation Economics, VWS 2,Germany, Knut.Blind@TU-Berlin.de