W050601a1: IP-Infringement Specter - Diary & Job Jar Archive 0.75

Status	Date	Description
done 2005-12-18	2005-11-28	After 0.75 is posted, split this diary and siphon the completed items to a backup version of this page.
done 0.75 2005-12-06	2005-11-22	Update the previous ~~two~~ three blog posts (showing table extracts) to link to the latest.
done 0.75 2005-12-06	2005-11-22	Create another blog post about the license comparisons and put it on Professor von Clueless. Link to it from ~~0.70~~ 0.75.
done 0.75 2005-12-06	2005-11-22	Distill this one down to more declarative stuff, with various deep-ends done in small print and made easy to skip over. The ~~0.50~~ 0.65 version remains as a resource for cross-referencing. [dh:2005-11-23 I can make use of the cover better too.]
done 0.75 2005-12-06	2005-11-23	Stitch the versions together properly from their revision histories.
done 0.75	2005-12-06	Stitch 0.75 to the revision chain (0.65 and the cover)
done 0.75 2005-12-06	2005-06-15	Refactor the material on my practices and what happens with regard to licensed software, not just licensed specifications. Review all of my posts. [dh:2005-10-07,2005-12-06 There is a better outline worked up in the TROST dissertation draft. Continue development there, moving it into TROSTing.org rather than developing further here.]
done 0.75 2005-12-06	2005-11-17	Make an ~~0.51~~ 0.75 with ~~nothing but~~ corrected typos and more links. Go through and find the couple of errors that I noticed on rereading this last night.
done 0.75	2005-12-06	Review the material for finalizing as the leave-it-alone 0.75 version
done 0.75 2005-12-06	2005-12-06	Post 0.75 to the site for on-line review
not done 2005-12-06	2005-11-28	I said I would link to Dan Bricklin's video on Open Source. Put that in. I have had the video for some time. Add to the list.
not done 2005-12-06	2005-06-07	0.30 The recently-lost patent suit reported about Microsoft (see Interoperability & Standards news for one) is a good example about the difference between copyright and patents and the problem of patents when process is delivered by publishing (i.e., software).
done 0.75 2005-12-06	2005-06-05	0.30 Include ~~a reference to the Bricklin video and~~ a reference to a Library of Congress source of practical information about copyright in the section where I contrast copyright and patents.
not done 2005-12-06	2005-06-05	Also, look into my PubSub: Office XML search feed is picking up some good material in my Interoperability & Standards feeds folder. Review those too.
not done 2005-12-06	2005-06-05	Look into my clippings from Developer / Matusow's Blog and some of the discussions he links to
not done 2005-12-06	2005-06-05	It is worth mentioning the SOAP SDK license and prohibition against use of the redistributables from open-source software under the general reciprocity of W3C necessary-claims licensing, though this is a story of its own.
not done 2005-12-06	2005-06-05	Is mandatory licensing worth mentioning here, along with the Copyright Clearinghouse (which has gotten way off-the-scale expensive).
not done 2005-12-06	2005-06-05	Copyright subject matter and how there is no innocent infringement in copyright. [dh:2005-12-06 That is, an explicit act is required to infringe a copyright. Innocently arriving at a similar or identical expression is not a copyright violation, although one must be able to convincingly argue that the similar work was not relied up or could not have been relied upon.]
not done 2005-12-06	2005-06-05	Patent subject matter and who infringers are. How ignorance is no excuse. The protections and disclaimers in contracts (e.g., the disclaimer in the Microsoft Office 2003 XML Reference Schema license and the typical mainframe "hold harmless" contract provisions.) [dh:2005-12-06 This is not necessary to the discussion of software and licensing under copyright. Relying on existing royalty-free licenses and covenants doesn't require us to go there. The general observation about not knowing from a specification and implementing software itself whether or not a patent is applicable is enough.]
not done 2005-12-06	2005-06-05	Examples of expired patents: The IBM card stacker hopper-full switch, the RSA algorithm, the LZW compression algorithm, ... [dh:2005-12-06 This is not necessary to the discussion of software and licensing under copyright. Relying on existing royalty-free licenses and covenants doesn't require us to go there.]
not done 2005-12-06	2005-06-05	Find the USPTO and see what on-line resources are available. [dh:2005-12-06 This is not necessary to the software and licensing under copyright. Relying on existing royalty-free licenses and covenants doesn't require us to go there.]
not done 2005-12-06	2005-06-05	Inability to copyright a language and useful doctrines: fair use and utilitarian necessity [dh:2005-12-06 I don't need to get into this any farther than I have by citing passages from 17 USC 1.]
done 0.75 2005-12-06	2005-11-29	Redo the outline and simplify things, with an opportunity to refer to ~~0.50~~ 0.65 sections that provide earlier coverage. Or, I should split off an intermediate before the reorganization. [dh:2005-11-29 I am going to make an 0.65 version, then go to 0.75 as the reworked outline and summary.]
done 0.75 2005-12-06	2005-06-05	Dig up the Copyright statute and find the current list of exclusive, subdividable rights of authors. Point out that it has nothing to do with commerce and making money at it.
done 0.75 2005-12-06	2005-06-05	The subject matter under copyright protection and trying to determine it.
done 0.75	2005-12-06	Include the relevant portions from the U.S. Copyright code concerning rights and what combined, collective, and derivative works are.
done 0.75	2005-12-04	Add caption rows in multiple places of Table 3-1 so that it is easier to recall what the columns are and also link to captioned areas of the table.
done 2005-11-30	2005-11-24	There is a blog post called for about schemas that are parts of standard specifications and their use, distribution, etc. The ODF and OOX schemas are interesting in that regard. Tie to the exclusive rights of copyright holders.
not done 2005-11-30	2005-11-24	I also notice a peculiar desperation in the commentary around Microsoft doing exactly what people like Massachusetts claiming they wanted to see accomplished. There is this odd re-framing of the problem around the GPL and that is not a problem solved by any open standard, whether tightly controlled or consortium controlled, that establishes a public format. (I wonder if we could deal with this in terms of the ASCII -- ISO 646 -- Unicode, and XML specifications and formats.) There is also some sort of angst about why Microsoft doesn't just use OpenDocument, by people who have no skin in preserving the legacy of users of current, past, and future Microsoft Office formats. I can't figure out how to blog about this in a way that is constructive. [dh:2005-11-28 I don't think there is anywhere to go with this. It doesn't belong in this analysis.]
done	2005-11-30	Freeze 0.65 except for major gaffs and begin 0.75 for eventual replacement.
done 0.65	2005-11-30	I am still wary of the Microsoft TDA on OPC 0.75 and I've added a precautionary comment to (Milton 2005). I can wait until 0.80 comes out.
done 0.65	2005-11-30	Include the new "Open Standards are not Open Source" article in the see also, include some touch-ups found while writing that article.
done 0.65 2005-11-29	2005-11-22	After smoothing ~~0.70~~ 0.65, make it the default.
done 0.65 2005-11-29	2005-11-22	Update 0.50 to reflect obsolescence by ~~0.70~~ 0.65
done 0.65 2005-11-29	2005-11-28	Use OOX consistently.
done 0.65 2005-11-29	2005-11-22	Redo the table to reflect the impact of the covenant and the prospective standardization at ECMA.
done 0.65	2005-11-28	Reflect Vicki Milton's analysis of the TPA permitting public discussion in my progression materials.
done 0.65 2005-11-28	2005-11-22	Add link to ECMA and its affiliations with standards organizations, its availability of specifications on-line, and it success at achieving ISO standardization of C#, the CLI, and ECMAScript. [dh:2005-11-24 Make new section A5 and collect material on the standards organizations that are involved.]
done 0.65 2005-11-23	2005-11-22	Add link to the ISO specification for Relax-NG and also add a link to the tutorial.
done 0.65 2005-11-23	2005-11-22	Clean up the bibliography and section A1 to be more straightforward, using the links in the bibliography where possible.
done 0.65 2005-11-23	2005-11-22	Add blog coverage of the XPS and OPC to the list of sources in A3.
done 0.65 2005-11-22	2005-11-17	Correct Jean Paoli's title in A1.2 of w050601d
done 0.65 2005-11-21	2005-11-17	Link to the http://nfocentrale.net/orcmid/blog/2005/07/consigning-software-patents-to-turing.asp article if I haven't already.
done 0.65 2005-11-21	2005-11-17	Link to the http://nfocentrale.net/orcmid/BlunderDome/clueless/2005/10/magical-thinking-and-universal.asp article too.
done 0.65 2005-11-21	2005-11-17	Fix the incorrect spacings between dt and dd elements at the beginning of A4.
done 0.65 2005-11-21	2005-11-17	Also link to the http://nfocentrale.net/orcmid/blog/2005/10/comfort-of-open-development-processes.asp page.
done 0.65 2005-11-21	2005-10-11	Refer to Patents and the Turing Tarpit analysis (#48.37)
not done 2005-11-21	2005-11-17	Link to the http://nfocentrale.net/orcmid/BlunderDome/clueless/2005/10/my-fud-is-fuddier-than-your-fud-so-fud.asp article as part of further information. [dh:2005-22-33 I decided that this is off purpose for this and the magical-thinking entry covers what matters anyhow.]
done 0.50 2005-10-11	2005-10-10	Include the new blog post in the see-also of 0.50.
done 0.50 2005-10-11	2005-10-10	Obsolete the earlier blog post, linking to the new one
done 0.50 2005-10-11	2005-10-10	Create a blog post based on the material
done	2005-10-11	Fix the timestamps on these pages so that all changes cause updates. This should allow their use as include-pages to work more smoothly. The templates should have this provision added.
done 0.50 2005-10-10	2005-10-10	Update the catalog to reflect the new material
done 0.50 2005-10-10	2005-10-08	Post to the site so that the New Blog post can refer to the new version in its location.
done 0.50 2005-10-10	2005-10-07	Permalink the material: ~~W050601~~, W050601c, W050601d.
done 0.50 2005-10-10	2005-10-08	For W050601 0.50, update the links and provide more narration. There are also more posts that could be linked to.
done 0.50 2005-10-10	2005-10-07	This material should be obsoleted by the TROSTing treatment of Intellectual Property. Well, all but the specifics for OOX and ODF. Those need to be somewhere still. It might come up under ActiveODMA, for example, or we can just steer clear of the debate and demonstrate good behavior in the reliance on these licenses and the care for ensuring that downstream developers are fully aware of where they apply.
done 0.50 2005-10-10	2005-10-07	Update the license comparison table to use the latest Sun Patent Statement on the OASIS Open Document IPR.
done 0.50 2005-10-10	2005-10-07	Update the pages to reflect changes made on the blog pages, or at least link to the blog pages.
done 0.50 2005-10-10	2005-10-07	Bring this material to its canonical location and draw it back to the original location as include pages.
done 0.50 2005-10-10	2005-06-15	Do we include anything about the expressed intention to license Metro under exactly the same conditions as the Microsoft Office XML Reference Schemas (and the new Office 12 ones)? We don't know how the limitation for Metro (and Reach) will be expressed, but exactly these formats provisions don't quite work for Metro. [dh:2005-10-07 The new name for the part I was interested in is Open Packaging Conventions and Microsoft has expressed its intention to use an equivalent license as for the Reference Schemas.][dh:2005-10-07 It would be cool to develop this in conjunction with ODMref 1.0, but I am not sure about the timing. It might work.][dh:2005-10-10 I link to the statement of intention as an example of the use of the same license.]
abandoned 2005-10-10	2005-06-15	See how to handle the IBM patent position expressed to OASIS. [dh:2005-10-10 moot, since they didn't make an IPR statement on OpenDocument. There might be a statement elsewhere but it isn't that important here.]
abandoned 2005-10-10	2005-06-09	Find out what the IBM Patent Commons license statement actually is and how it deals with essential claims, method of distribution (open-source is a requirement, how is that stated). [dh:2005-10-10 I actually found the list and its terms. It isn't relevant here.]
abandoned 2005-10-10	2005-06-09	Tie into the Redmonk stuff about the changing-things-easily business too.
abandoned 2005-10-10	2005-06-09	Connect to Bob Sutor's stuff -- challenge him to get off the we're more open than they're open because our hearts our pure stuff. I'm rather surprised that someone in the industry standards business is not more self-aware about the facts of the matter and all of the IP encumbrances that are there.
abandoned 2005-10-10	2005-06-09	Capture my comments off of Stephen O'Grady's tecosystems blog
done 0.50 2005-10-10	2005-06-07	Add references and links to all of the elements cited in the Open Formats versus Open Standards world.
done 0.50 2005-10-10	2005-06-07	Add some additional resources, including the OASIS and related "stuff." [dh: Include the material linked to but not cited in existing standards, people's positions, and resources in Appendix A]
done 0.50 2005-10-10	2005-06-05	0.30 Put a link to the OX announcement in the opening paragraph.
done 0.50 2005-10-10	2005-06-05	When the next blog entry is posted, it will be tied to ~~0.30~~ 0.50 Analysis in W050601d. At that point, -d must be moved to (latest) and then W050601c updated to be obsolete, link to its successor, and link to (latest).
done 0.50 2005-10-08	2005-06-07	0.30 Add a section on Open Formats versus Open Standards and how that plays into derivative works questions. [dh:2005-06-15 Review my blog entries on this, but I think this is done.]
done 0.30 2005-10-08	2005-10-07	Freeze 0.30 with no content changes or additions. The more-recent developments and the latest license-comparison table will be reflected in 0.50.
done 0.30	2005-10-08	Update the TOC on i050601c 0.30 to use the usual <h3> format, after putting in all of the permalinks. There is no textual-content change.
done	2005-06-09	Make a table that shows how OX (Microsoft Office XML Open Format) and OD (OASIS OpenDocument) stack up.
done 2005-06-09	2005-06-07	Get the Sun royalty-free patent statement, the W3C definition in its rules, and anything else related to this part.
done	2005-06-07	Get my hands on the OASIS Open Document specification, so I can see what there is to compare with here.
done 0.27	2005-06-07	0.30 Also use repurposing as my example, repurposing the schema, not just the documents.
done	2005-06-05	Recover the outline on patents from an earlier draft of 0.26 and bring it over here. [dh:2005-06-05 I didn't save a version that had that outline. I'll have to make up a new one.]
done	2005-06-05	Change the cross-link entry on W050601d to obsolete 0.26 (which will be true when this is accessible), and have a cleaner message about what is happening here. The framing of the entries should also anticipate this page becoming obsolete in turn, and it should take only minor updating to the cross-link block.
done	2005-06-05	Do a "See Also" at the top of the W050601d page that links to the blog entries related to this.
done	2005-06-05	Oops. I started W050601d with a copy from W050601c, and I need to do a push-pull-click-click to make one that is a VSS branch of W050601c. Delete it and start over. Save the Recalculate Hyperlinks until after the blogs are backed-up today.
ordered	2005-06-05	Check out the Dan Bricklin DVD on Open-Source and other things he may have to say on this theme. [dh:2005-06-05 From the video teaser alone, I can tell that this is a worthwhile video. I will provide a link to it.]
done	2005-06-05	Let Brian Jones know about the posting and see if he finds it understandable (whether or not acceptable).
done	2005-06-05	Turn on anonymous comments on Orcmid's Lair so that I don't have a high barrier to comments from folks. Deal with the spam as it arises. Foster a conversation.
done	2005-06-05	Correct a bad link to W050601c at the top of the blog entry and on the W050601c page. Don't bother to rev the page.
done	2005-06-04	Link 0.26 to the blog entry on the Copyright cases.
done 2005-06-05	2005-06-04	Once the blog is posted, leave 0.26 alone except for anything egregious. Start working on ~~0.50~~ 0.30 as W050601d.
done	2005-06-04	Make 0.26 with layout and other corrections noticed during review of the posted page and editing of the derived blog entry.
done	2005-06-04	Provide a minimal index on the folio cover page.
done	2005-06-04	Add W050601b for the latest analysis, starting with 0.25. See how in-page anchor links work out. [the in-page fragment shortcuts arrive unchanged with the Include Page.]
done	2005-06-04	Add comment that there's plenty of time to loosen the license and that there's no harm in Microsoft starting out with a tight one that can be relaxed as the application case is explored more extensively.
done	2005-06-04	Post a blog entry on just the copyright aspect to have that material under review while I work on the patent material.
done	2005-06-04	Mirror the material so far in the hosted-site image and also upload it so that I can refer to it with public URLs.
done	2005-06-04	Add the on-line resources in blogs, Channel 9, and announcements to the appendix.
done	2005-06-04	Complete the first draft of the Copyright analysis.
done	2005-06-04	Bring the BlogJet draft of the article here where it is easier to edit it in HTML
done	2005-06-04	Start first content-version placeholder at W050601c
done	2005-06-04	Customize initial pages for W050601 and this diary.