[odf-discuss] Microsoft and Novell cooperate on document formats

[marbux]

On 11/3/06, Lars D. Noodén <lars at umich.edu> wrote:
> On Fri, 3 Nov 2006, Thomas Zander wrote:
> > AFAIK the MOOX patent covenant is only valid when the program implements
> > the full spec, MS is able to stop the publishing of software that does
> > not actually implement it completely.
>
> What is the URL for the covenant or license for MOOX?
>
> I am under the impression that it has not been published, and perhaps not
> decided, yet.
>
Yup. Still not available. There is a Microsoft claim that they will
use the covenant not to sue that was slapped together for the Office
2003 Reference Schemas, but that is pretty doubtful. See my article at
<http://www.groklaw.net/article.php?story=20051129101457378#A1>. That
covenant is so flawed as to be pretty much meaningless. My article
also discusses the issue Thomas raises. The big problem there is that
the covenant not to sue does not define what it means by "conform" or
"conforming" and the closing reservation of Microsoft rights requires
that no right not expressly granted can be implied.

There has been a lot of confusion because Microsoft made a *lot* of
public statements that do not square with what is said in the covenant
not to sue. And those statements made outside the four corners of the
covenant are not legally binding, although there are arguments that
could be made that they should be.

Best regards,

Marbux