Re: [SLE] MS Word, Federal standards, and Linux
And therein lays the rub. The DMC act protects media formats and precludes any legislation related to that mandates uniformatey to Publically accessable documents in the government data bases and records. But the side step here could be a convertion process in light of public interests and rights. Remember that copyrights, more over third party contracts (e.g. EULA), can not violate a citizens rights (especially Consitiutional - Good Luck with the Supreme Courts). The real problem with any possible solution is, given the overall lack of knowledge and foresight that most legislators have on this issue, is the perception that this has no bearing to access to information in the public (not private) domain. Due to the present level of involvement that many of the House and Senate commitees have shown in this area, the only way I can see to bring it to the forefront is via a corporate level. If a consortium of industry leaders in the market were to approach this issue and the then follow this up with efforts by the consumer advocacy and other organizations like the ACLU (I know, I know), then the pressure would force the legislators to realistically address the issue. How this would come about is unknown to myself. Just MHO. Curtis On Sunday 17 June 2001 02:26 pm, peter hollings wrote:
I agree that the critical issue is "public access to document formats". It doesn't matter that the Word format is technically inelegant, "bloated," etc.; the fact that so many people use it and have saved their documents exclusively in this format creates a widespread dependency. Microsoft's EULA going back to at least Office 97 contains a clause prohibiting "reverse engineering". Suppose this were construed to prohibit anyone from accessing the contents of (or creating) a Word "doc" file by any means other than Microsoft-supplied software?
I'll attempt to partially answer this question: I don't think that this threat is very real on a retroactive basis - - there are just too many converters in place and Microsoft would have to go against end users. But should a new "doc" format be developed, Microsoft would then be in a position to sue the developers of any software capable of reading (or creating) files in the new format. Well, what about reverse engineering the new format, GPL-ing it, and making it widely available like DeCSS? Might help, but mainstream corporate and non-technical users would be put off by the need to locate and install a converter of questionable legality. And Microsoft might frustrate such a possibility by employing encryption in the new "doc" format. Also, Microsoft might address the concerns about "access to information" mentioned by Curtis (see below) by distributing a "doc" reader (like Adobe Acrobat).
Virtually every purchaser of Microsoft's products has to accept the licensing terms as dictated by Microsoft. Thus, there is little possibility of a revolt against a potential new "doc" format and enforcement of the anti-reverse engineering provisions. I think the best hope is the US government: either through legislatively placing critical formats in the public domain, or, through its role as a very large purchaser of software by dictating that all sellers of software to the Government must place in the public domain the formats in which the Government's information will be stored. One obstacle here is the Digital Millennium Copyright Act which, seemingly, pursues a solution in completely the wrong way by legally protecting formats rather than the (intellectual property) contents stored in those formats.
Peter Hollings
----- Original Message ----- From: "Curtis Rey"
To: "Paul Abrahams" ; "SuSE listserve" Sent: Sunday, June 17, 2001 1:04 PM Subject: Re: [SLE] MS Word, Federal standards, and Linux I think the key here is to bring the question of public access to document formats into question. I have to agree that Word format is the de facto standard due to it's ubiquitous nature in the public domain. Remember
that
politicians pass the laws and in this case would only take action if the public perceive that the government has an ulterior motive for allowing a proprietary format to become the standard format. In other words, If by
not
utilizing an M$ product a "citizen" is denied access to official local, state, and federal documents and data bases that fall under the "freedom
of
information act" and "equal access" provisions of the law then It can be perceived as an illigetimate and illegal use of government revenue to
support
this. If a politician is put in the light of supporting or favoring a proprietary product that benefits a private sector corporation (e.g. M$)
and
in doing so is denying any citizen access merely due to the product that he/she has purchased then it can be vicariously interpreted as negative
with
connotations of collusion and or special interest activities. Until you
get
the legislators to address an open "standard" then M$ products will always have in unfair advantage and will unduly control the market by developing formats that discludes others. By passing legislation that mandates that
all
governemt documents in digital media must adhere to a format that is accessible to any product or technology that adheres to said proposed standard the public is assured of access. It can either come in the form
of
mandating M$ to give access to source for the Word format, or to adopt a format that is standard on an international basis. Given that M$ Word formats are so ubiquitious in the public and private domain it would be
much
more concievable to mandate the source be opened. The alternative to an international standard adoption would follow in course due to the fact the other competing software developers would be able to conform to the Word format. This would allow any existing documentation to remain in place
with
out have to convert massive amount of data at a substaintial cost to the
tax
payers and unduly using needed government resources and time.
IMHO. Curtis
On Saturday 16 June 2001 11:13 am, Paul Abrahams wrote:
peter hollings wrote:
A great idea! Why should our tax dollars go into any proprietary technology? Why not have a requirement that applied at the time of purchase that said that the purchased software must save its
information
in open formats? Why should our government buy software that stores information (e.g., word processing documents) in a proprietary format that not only is non-public, but under the terms of the purchaser's license cannot be reverse engineered? The public has a strong
interest
here and it seems that it's not being exercised for some reason,
perhaps
ignorance.
Well, the Word format is, I suppose, de facto proprietary, but that
could
be changed. I doubt if the format itself is patentable. What I'm proposing is to open up a closed format but not discard it.
Paul
-- To unsubscribe send e-mail to suse-linux-e-unsubscribe@suse.com For additional commands send e-mail to suse-linux-e-help@suse.com Also check the FAQ at http://www.suse.com/support/faq and the archives at http://lists.suse.com
Hey-hey... hello - a moment here.... You guys are completely forgetting ( as is to be expected of americans ;) that US law does NOT - I repeat - NOT tell people in other parts of the world what to do. Never ! The US is NOT all of the world, and neither is the US government a world government. - That aside, now for the REAL issue... The DMCA is valid in the US. The MPAA has "jurisdiction" in the US. In Iceland ( for example, as I live there so I happen to know the law a bit ) you can NOT patent: Formulae Methods or any other mathematical work of creative mind. MP3 ( method/compression formula ), DeCSS, AND .DOC/.XLS etc can all be reverse-engineered, as long as it's in the best interest of the people, and not for harmful purposes ( terrorism / sabotage etc ). Although we happen to have world-scale stupidity in the parliament ( althingi ), I have yet to see it happen that they'll try to impose foreign patent rules upon us. So, for the issue: Why don't you guys find a no-mans-land to store your code and work on it ? oooor... Get some EU guys to do it :-) EU isn't as crowded with greedy AND stupid lawers as is the US ;-) ( Yes, I love bashing the US... can't help it ;) -tosi Þann mánudagur 18 júní 2001 19:55 skrifaðir þú:
And therein lays the rub. The DMC act protects media formats and precludes any legislation related to that mandates uniformatey to Publically accessable documents in the government data bases and records. But the side step here could be a convertion process in light of public interests and rights. Remember that copyrights, more over third party contracts (e.g. EULA), can not violate a citizens rights (especially Consitiutional - Good Luck with the Supreme Courts). The real problem with any possible solution is, given the overall lack of knowledge and foresight that most legislators have on this issue, is the perception that this has no bearing to access to information in the public (not private) domain. Due to the present level of involvement that many of the House and Senate commitees have shown in this area, the only way I can see to bring it to the forefront is via a corporate level. If a consortium of industry leaders in the market were to approach this issue and the then follow this up with efforts by the consumer advocacy and other organizations like the ACLU (I know, I know), then the pressure would force the legislators to realistically address the issue. How this would come about is unknown to myself.
Just MHO. Curtis
On Sunday 17 June 2001 02:26 pm, peter hollings wrote:
I agree that the critical issue is "public access to document formats". It doesn't matter that the Word format is technically inelegant, "bloated," etc.; the fact that so many people use it and have saved their documents exclusively in this format creates a widespread dependency. Microsoft's EULA going back to at least Office 97 contains a clause prohibiting "reverse engineering". Suppose this were construed to prohibit anyone from accessing the contents of (or creating) a Word "doc" file by any means other than Microsoft-supplied software?
I'll attempt to partially answer this question: I don't think that this threat is very real on a retroactive basis - - there are just too many converters in place and Microsoft would have to go against end users. But should a new "doc" format be developed, Microsoft would then be in a position to sue the developers of any software capable of reading (or creating) files in the new format. Well, what about reverse engineering the new format, GPL-ing it, and making it widely available like DeCSS? Might help, but mainstream corporate and non-technical users would be put off by the need to locate and install a converter of questionable legality. And Microsoft might frustrate such a possibility by employing encryption in the new "doc" format. Also, Microsoft might address the concerns about "access to information" mentioned by Curtis (see below) by distributing a "doc" reader (like Adobe Acrobat).
Virtually every purchaser of Microsoft's products has to accept the licensing terms as dictated by Microsoft. Thus, there is little possibility of a revolt against a potential new "doc" format and enforcement of the anti-reverse engineering provisions. I think the best hope is the US government: either through legislatively placing critical formats in the public domain, or, through its role as a very large purchaser of software by dictating that all sellers of software to the Government must place in the public domain the formats in which the Government's information will be stored. One obstacle here is the Digital Millennium Copyright Act which, seemingly, pursues a solution in completely the wrong way by legally protecting formats rather than the (intellectual property) contents stored in those formats.
Peter Hollings
----- Original Message ----- From: "Curtis Rey"
To: "Paul Abrahams" ; "SuSE listserve" Sent: Sunday, June 17, 2001 1:04 PM Subject: Re: [SLE] MS Word, Federal standards, and Linux I think the key here is to bring the question of public access to document formats into question. I have to agree that Word format is the de facto standard due to it's ubiquitous nature in the public domain. Remember
that
politicians pass the laws and in this case would only take action if the public perceive that the government has an ulterior motive for allowing a proprietary format to become the standard format. In other words, If by
not
utilizing an M$ product a "citizen" is denied access to official local, state, and federal documents and data bases that fall under the "freedom
of
information act" and "equal access" provisions of the law then It can be perceived as an illigetimate and illegal use of government revenue to
support
this. If a politician is put in the light of supporting or favoring a proprietary product that benefits a private sector corporation (e.g. M$)
and
in doing so is denying any citizen access merely due to the product that he/she has purchased then it can be vicariously interpreted as negative
with
connotations of collusion and or special interest activities. Until you
get
the legislators to address an open "standard" then M$ products will always have in unfair advantage and will unduly control the market by developing formats that discludes others. By passing legislation that mandates that
all
governemt documents in digital media must adhere to a format that is accessible to any product or technology that adheres to said proposed standard the public is assured of access. It can either come in the form
of
mandating M$ to give access to source for the Word format, or to adopt a format that is standard on an international basis. Given that M$ Word formats are so ubiquitious in the public and private domain it would be
much
more concievable to mandate the source be opened. The alternative to an international standard adoption would follow in course due to the fact the other competing software developers would be able to conform to the Word format. This would allow any existing documentation to remain in place
with
out have to convert massive amount of data at a substaintial cost to the
tax
payers and unduly using needed government resources and time.
IMHO. Curtis
On Saturday 16 June 2001 11:13 am, Paul Abrahams wrote:
peter hollings wrote:
A great idea! Why should our tax dollars go into any proprietary technology? Why not have a requirement that applied at the time of purchase that said that the purchased software must save its
information
in open formats? Why should our government buy software that stores information (e.g., word processing documents) in a proprietary format that not only is non-public, but under the terms of the purchaser's license cannot be reverse engineered? The public has a strong
interest
here and it seems that it's not being exercised for some reason,
perhaps
ignorance.
Well, the Word format is, I suppose, de facto proprietary, but that
could
be changed. I doubt if the format itself is patentable. What I'm proposing is to open up a closed format but not discard it.
Paul
-- To unsubscribe send e-mail to suse-linux-e-unsubscribe@suse.com For additional commands send e-mail to suse-linux-e-help@suse.com Also check the FAQ at http://www.suse.com/support/faq and the archives at http://lists.suse.com
I think there is a much better chance of getting something open to be used as a standard in the EU, since Microsoft isn't nearly as politically powerful here as it is in the US. In Sweden the constitution guarantees all citizens access to all documents (with a few exceptions, mainly related to national security). While other countries in the EU aren't as open, I think the case for open standards can be put quite strongly. Also, the political left is much stronger in Europe than in the US. Whatever your personal opinions about this, I think it gives open source/free software a very good chance here. While we're on this topic, what's the status on the Bundestag contract? Are they close to a decision yet? Regards Anders On Sunday 17 June 2001 22:29, Tor Sigurdsson wrote:
Hey-hey... hello - a moment here....
You guys are completely forgetting ( as is to be expected of americans ;) that US law does NOT - I repeat - NOT tell people in other parts of the world what to do. Never ! The US is NOT all of the world, and neither is the US government a world government. - That aside, now for the REAL issue...
The DMCA is valid in the US.
The MPAA has "jurisdiction" in the US.
In Iceland ( for example, as I live there so I happen to know the law a bit ) you can NOT patent:
Formulae
Methods
or any other mathematical work of creative mind.
MP3 ( method/compression formula ), DeCSS, AND .DOC/.XLS etc can all be reverse-engineered, as long as it's in the best interest of the people, and not for harmful purposes ( terrorism / sabotage etc ).
Although we happen to have world-scale stupidity in the parliament ( althingi ), I have yet to see it happen that they'll try to impose foreign patent rules upon us.
So, for the issue: Why don't you guys find a no-mans-land to store your code and work on it ? oooor... Get some EU guys to do it :-) EU isn't as crowded with greedy AND stupid lawers as is the US ;-)
( Yes, I love bashing the US... can't help it ;)
-tosi
-- Suche Nullen! Götzen-Dämmerung - oder wie man mit dem Pingvin philosophirt
Anders Johansson wrote:
I think there is a much better chance of getting something open to be used as a standard in the EU, since Microsoft isn't nearly as politically powerful here as it is in the US. In Sweden the constitution guarantees all citizens access to all documents (with a few exceptions, mainly related to national security). While other countries in the EU aren't as open, I think the case for open standards can be put quite strongly.
I'd be delighted to see the EU, perhaps through ISO, to lead the way on this. I know that there's a certain mind-boggling quality to the argument that public (in any country) adoption of a Microsoft- created format would help Linux and handicap Microsoft. But it's true nonetheless. Linux has already chosen to live with the weird though nearly universal Intel architecture, which still suffers from shortsighted decisions made almost a quarter century ago in the design of the 4044 processor (I think that's the number). Paul
Tor, your absolutely correct concerning your statements about the EU (and yes, I fully aware the the US is not the world). But let me remind you where M$ is located. This is why the threads about has focused on U.S. law. If the home country can pass laws relating to this then the impetus for M$' behavior will be curtailed. Yes, there are countries where rev-engineering can be done. the issues is how to hit M$ on its home turf. Like it or not the U.S. has a lot of pull around the globe. Putting aside whether or not this is a good or bad thing. Look at what Germany is doing and then compare it to Great Britian. Germany is very concerned with the issue of open standards in government data bases and records. England has implemented an M$ based system the prevents those that don't use an M$ based product from utilizing government sites and resources via the web. Please forgive my seemingly arrogant attitude. I'm consider myself to be a very un-nationalistic person. I just can't help but focus on the U.S. because that's where I live and that's where M$ lives. If it were just a matter of the rest of the world adopting a standard and then leaving America to no alternative but to adopt it then fine. But seeing how the U.S. can't even adopt the universal standards for measures (e.g. the metric system, SAE sucks) I'm not convinced a world standard would have any real impaci on a U.S. standards adoption. Cheers. Curtis On Sunday 17 June 2001 04:11 pm, Anders Johansson wrote:
I think there is a much better chance of getting something open to be used as a standard in the EU, since Microsoft isn't nearly as politically powerful here as it is in the US. In Sweden the constitution guarantees all citizens access to all documents (with a few exceptions, mainly related to national security). While other countries in the EU aren't as open, I think the case for open standards can be put quite strongly.
Also, the political left is much stronger in Europe than in the US. Whatever your personal opinions about this, I think it gives open source/free software a very good chance here.
While we're on this topic, what's the status on the Bundestag contract? Are they close to a decision yet?
Regards Anders
On Sunday 17 June 2001 22:29, Tor Sigurdsson wrote:
Hey-hey... hello - a moment here....
You guys are completely forgetting ( as is to be expected of americans ;) that US law does NOT - I repeat - NOT tell people in other parts of the world what to do. Never ! The US is NOT all of the world, and neither is the US government a world government. - That aside, now for the REAL issue...
The DMCA is valid in the US.
The MPAA has "jurisdiction" in the US.
In Iceland ( for example, as I live there so I happen to know the law a bit ) you can NOT patent:
Formulae
Methods
or any other mathematical work of creative mind.
MP3 ( method/compression formula ), DeCSS, AND .DOC/.XLS etc can all be reverse-engineered, as long as it's in the best interest of the people, and not for harmful purposes ( terrorism / sabotage etc ).
Although we happen to have world-scale stupidity in the parliament ( althingi ), I have yet to see it happen that they'll try to impose foreign patent rules upon us.
So, for the issue: Why don't you guys find a no-mans-land to store your code and work on it ? oooor... Get some EU guys to do it :-) EU isn't as crowded with greedy AND stupid lawers as is the US ;-)
( Yes, I love bashing the US... can't help it ;)
-tosi
Tor Sigurdsson wrote:
Hey-hey... hello - a moment here....
You guys are completely forgetting ( as is to be expected of americans ;) that US law does NOT - I repeat - NOT tell people in other parts of the world what to do. Never ! The US is NOT all of the world, and neither is the US government a world government. - That aside, now for the REAL issue...
The DMCA is valid in the US.
The MPAA has "jurisdiction" in the US.
In Iceland ( for example, as I live there so I happen to know the law a bit ) you can NOT patent:
Formulae
Methods
or any other mathematical work of creative mind.
But I'd expect that Microsoft has the same stranglehold on the software market in Rekjavik that it does in Roanoke, and they've been getting better and better at enforcing their intellectual property claims in countries outside the USA. And for better or worse, the US Federal government has enormous influence on standards, including those for software, throughout the world just because of the huge volume of its purchases. Even though you live in Iceland, there's plenty of reason for you to root for a US FIPS as I suggested. It's hardly unheard of for the citizens of one country to have a strong interest in particular political issues within another country. Paul
participants (4)
-
Anders Johansson
-
Curtis Rey
-
Paul Abrahams
-
Tor Sigurdsson