[LINK] Microsoft Office XML Formats? Defective by design

Janet Hawtin lucychili at gmail.com
Tue Aug 28 13:00:34 AEST 2007


ianal

I think it will also be a concern in AU specifically because our new
copyright act
does not have Fair Use or Fair Dealing around interaction with DRM or TPM
(technological protection measures) or around developing tools which
interoperate with those kinds of things.

This is just a Janet thought but I can't see why the following
situation could not occur.

Person A uses ooxml and maps for use with other data.
MS or the client or person A deems that some component of that set has a TPM.
Given it is being talked about as a means to do transactions some kind
of TPM is probable? OOXML doesnt match on time, date or other
fundamental existing standards so it will need to be interoperated
with in very granular fashion in order to ensure data integrity.
This means that if something is deemed a TPM developing a tool which
interfaces can be deemed a felony if anyone uses it to infringe
copyright.

If the client hires a competing person to make the data interoperable
with a second system
anyone using the means to unpack the TPM around the data can be deemed
a felon if anyone else decides that there is a copyright infringement
in the process.

Because person A developed a means to interoperate which might be
being used by other people. This person is especially vulnerable
because they are liable if a 3rd party uses the means to unpack the
data. Regardless whether their own use of the process was approved or
supported.

imho AU participants have sod all room to move around these
technologies and seem to me to be totally dependent on ongoing
goodwill with all parties for their work to be lawful. Especially
given that if there is legal action between MS and the person any
existing legal protection for interoperating is void.

This to me makes it very difficult for the client who's data it is and
for independent developers to use the technologies in a way which is
not compromising long term.

This is why I am hopeful that Standards Australia recognises
Australia's safe legal participation as a core value. Legal safety
should be a deciding criterion for what an SA recognised standard
offers AU developers and AU data assets.
Other nations will be using different copyright models and may be able
to afford doubt.

Janet



More information about the Link mailing list