[odf-discuss] OOXML: The next step

[robert_weir at us.ibm.com]

odf-discuss-bounces at opendocumentfellowship.com wrote on 04/12/2008 
09:57:47 AM:

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> 
> The fact that both ODF and OOXML (or any other international standard)
> managed to be adopted as international standards without compliance
> with the Directives' interoperability requirements and the
> requirements of the Agreement on Technical Barriers to Trade creates
> no legal defense. You argue as though your posited fact fact that
> other standards do not adhere to the law creates some sort of
> precedent. It is a faulty argument.  Would you expect to succeed in
> such an argument if your client was charged with murder and wanted you
> to argue that because other people had committed murder and not been
> prosecuted, he cannot be prosecuted?
> 

I think if it this way.  If you came to me with an argument that said that 
the based on a deep reading of international trade law, you had determined 
that it was mandatory for all bald men to wear derby hats, and I then 
looked around and saw that no bald men where wearing derby hats at all, 
then I might come to one of several conclusions:

1)  Most bald men are in violation of the law.
2)  These men perhaps are not really bald, or at least not according to 
the appropriate definition
3)  These men actually do have a derby hat, but maybe it is skin-colored 
and I didn't notice it
4)  These men are bald, and do not have derby hats, but because they are 
on private property the law does not apply to them
5)  You have interpreted the law incorrectly and there is in fact no 
requirement for all bald men to wear derby hats

You seem to be arguing #1.  I'm not convinced that the alternatives have 
been eliminated.  Generally, if I make a statement that is in opposition 
to all observable facts, I should give fair consideration to the 
possibility that my statement, and not reality, is the source of the 
incongruity.

-Rob
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