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   RE: [xml-dev] Microsoft files for XML patents, says C|Net

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Rex Brooks wrote:
> these patent applications (conducted in Europe and New
> Zealand) apply only to MS Office's (Word's) handling of XML
   The only way you could read this application as being 
limited to MS Office is if you buy into the argument that 
Word is the only word-processor left. The claims don't speak 
of "Word" they speak of "word-processing" files. Thus, if 
Open Office, Apple, or anyone else wanted to have a word-
processor with an XML file format defined in XSD, then they 
would violate the sought-for patent even if their XSD was 
completely different from the one used by Word. And, what 
will happen once these vaguely defined "word-processor" files 
start flowing through mail systems or get inserted into Atom 
entries... We're going to find it very easy to stumble over 
this patent in hundreds of different domains -- not just 
Word. 

> I don't necessarily see any great reason to get in a swivet
> about it.
    There are many reasons why a "swivet" is totally 
appropriate here. First, the specific domain of word-
processing based on files whose schema is defined in XSD 
would become Microsoft proprietary space if this patent 
issues. Given the move to XML that we're seeing (and 
hopefully encouraging) and given the move to using schemas 
(which should also be encouraged...), this is a very serious 
land-grab that could block many, many innovations in the 
future. Of course, it could also signify the death of XSD. If 
Microsoft patents the use of XSD in such a broad domain, it 
might just force us all to move to RelaxNG or ASN.1 for 
defining XML schemas instead. XSD would then become, for all 
intents and purposes, a Microsoft *proprietary* schema 
language and the rest of us would use other schema languages 
or work without one. (Note: I realize that there are many 
would would consider such a move to be a "good thing." 
However, we should do it because we think it is the 
technically correct thing to do, not just because we're 
avoiding a patent...) Of course, if, as threatened in an 
earlier message, *I* patent "word-processing" with XML and 
RelaxNG, then you'll all be forced to use ASN.1 since it is 
the only patent-free alternative with established prior-
art! :-) (Note: The ASN.1 vendors watching this thread just 
decided to raise their prices since demand will soon 
increase...)

>ensure that XML doesn't become a de facto MS property.
   The issue in the application isn't the use of XML. It is 
the use of XML *with* XSD. Thus, it is "XML with XSD" that is 
at risk of becoming Microsoft proprietary -- not XML itself.

    General note: Please understand that nothing in this 
message should, in any way, be read as "anti-Microsoft." I 
would have the same comments no matter who had filed this 
patent application and my comments should apply to the many 
hundreds of other patents and application that have claims 
that mention HTML, XHTML, XML, etc. If someone other than 
Microsoft had filed this patent, I would do anything I could 
to help Microsoft defeat this patent if they asked for help 
(but they wouldn't...). The issue here is that this is an 
application for a patent based on substitution of 
equivelants. i.e. XSD rather than ASN.1 or something else. It 
is critical that this type of patent not be granted since it 
poses a significant threat to the entire community of XML 
users. By permitting this type of substitution, the principle 
of "prior art" is basically discarded since a claim's 
dependency on a substitute will be used to exclude *any* 
prior art -- no matter how old, how obvious, or how well 
known. "Yes, it's been done before, however, it's never been 
done with XSD... Thus, it is patentable." This is wrong and 
must stop.

    bob wyman




 

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