Scott Wilson, the Wookie guru from Bolton University, where it all started, started the day off with a presentation (pdf) of what widgets and Wookie are all about. Widgets are basically small mini applications that are designed to work in a small view area. Many platforms have created their own format for it, but the W3C is working on a set of specifications for it with a consortium of partners from both traditional computing and mobile platforms, which will lead to a true cross-platform standard which will hopefully lead to widespread adoption. A minimal W3C widget consists of nothing more than a config file and an HTML file, zipped up as an archive with file extension .wgt. The config file contains basic configuration such as the name, description and preferred dimensions of the widgets. The widget can furthermore include as much HTML, CSS, images and JavaScript files as one would like.

Apache Wookie (Incubating) is an application that provides a W3C-compliant widget server. You can use Wookie to deploy widgets and you can serve W3C widgets from the Wookie server in third party applications. Plugins have already been written for Moodle, LAMS, Sakai and Google Wave. Wookie also has a REST API that can be used to get, or create widgets.

After Scott’s intro it was time to get dirty. Ross handed out CDs containing the latest sourcecode of Wookie (which can be downloaded by anybody from Subversion) and prerequisites like a JDK and Apache Ant. His presentation (pdf) was about ‘how to build your first widget’. I was surprised to see that there were 10 people with Mac-books in the room, amongst 4 Windows machines and one Linux netbook. Apple surely knows how to impress the developer these days! After some initial troubles with environment settings etc. most people got up-and-running fairly quickly and were ready to build their first widget. Wookie provides handy Ant tasks for building and deploying widgets, which means that generating a hello-world skeleton widget is as easy as typing ant seed-widget and answering some questions about the name, description and dimensions of your widget. After you have started up the Wookie server using ant run you can deploy the widget using ant deploy-widget. That was it, quite easily. I must say, having moved away from Ant and using Maven2 for the last few years, it’s nice to be remembered of the powerful features Ant has to offer. Especially since Wookie uses Ant in combination with Apache Ivy, the dependency management alternative for Maven2. (To be precise, you can also use Ivy with Maven2 repositories). Ross also demonstrated how you can make use of OpenStreetMap JavaScript APIs to embed cool navigational features in your widget quite easily. You can check out his presentation (pdf) or directly check out the source code of the tutorial including the example JavaScript.

In his second presentation (pdf) Scott focussed on some design principles behind the widget specification and gave a walk-through of how you can design a more advanced widget by making use of features of the W3C widget object API and integrate with the Google Wave Gadgets API. No Wave server is needed to get this working, as Wookie can handle everything for you. Scott demonstrated a Task widget with collaboration features, that can be used by different users concurrently using State and Participants.

After the break it was high time for everybody to create their own widget and some interesting ideas had come up. One of us decided it would be much cooler to hack directly in the server code instead of building widgets and he submitted a patch to Wookie to allow hot deployment of a widget to ease the development/deployment cycle. That’s very cool, thanks Matthew!

The rest of us built some widgets for a wide variety of purposes. One of the nice things about the widgets was that we could easily merge them all together on one Wookie instance and show all widgets there. These were some of the widgets that resulted from this 1.5 hour hack-fest:

• Video player embedded in a widget with fallback to other formats depending on the user agent
• Display a list of links using output from one of the Yahoo pipes
• Display the last.fm playlist of a user and show what that user is currently listening to
• Show a canvas drawing where multiple people can collaborate by working on the same drawing using HTML5
• Cool kids’ game where the user can name his pet dinosaur
• Currency converter that (eventually) would use an external currency conversion provider

It was fun to see how easily you can create functional widgets. If you make use of external JavaScript APIs or data feeds it is also quite simple to create a useful (or not so useful…) widget. This was a nice conclusion of the day and seeing all the widgets we had created we thought we had deserved our beer and headed off to the pub. Thanks to Scott and Ross for making this a successful Wookie training day!

Wookie provides an implementation of the W3C widget standard and allows you to write, deploy and manage W3C compliant widgets easily. The project is also working on implementing extra modules, such as a Google Wave Gadgets API. To increase cross-platform interoperability, several plugins have been written to integrate with other systems, such as Moodle and Wordpress.

This event is free of charge and invitation only. However, we have three open places left for interested developers. General development skills are required, but you don’t need to have specific experience in building widgets. If you are interested we welcome you to contact us on info@oss-watch.ac.uk and let us know why you should to be there. If you would like to know more, details about this all day event can be found on the event page.

One of the reasons we hold this event is in preparation for the dev8D developer days. During that event we will be doing more widget development in a Wookie hackathon and we want to gather some more skilled widget developers for that hackathon. Therefore we expect people who come to the Wookie training day to also attend the dev8D days. However, don’t hesitate to contact us for the Wookie training day if you can’t make it to dev8D.

In January Scott Wilson attended an OSS Watch workshop on software sustainability at which I and my colleague Rowan Wilson presented a number of models for managing open source software in a sustainable way. After my presentation Scott approached me to ask what was involved with entering the Apache Incubator.

I’m pleased to announce that the Wookie proposal has now been accepted into the incubator. There is still some work to do before the code actually appears there, but it won’t be long

This is great news for all involved. OSS Watch hope that Wookie will go on to provide our first significant use case demonstrating that software developed in the UK academic sector can, and should, become useful beyond our sector. I congratulate the Wookie team on clearly separating the domain specific features of their work from the generic code that will be useful beyond their core team. It is this, and the teams awareness that restricting their code to a niche market would restrict the pool of contributors, that has enabled OSS Watch to assist Wookie as it worked towards entry into the Apache Incubator.

I truly believe that the University of Bolton, and any other project or institution that adopts the Wookie code, will benefit significantly from this move. Already we are seeing interest from many third parties, indeed, it is a long time since a proposal passed with such a large number of positive votes.

[DISCLAIMER: I am a Member of The Apache Software Foundation, but this has no bearing on the choice of the ASF as a home for Wookie. The justification for the ASF is that it has a track record of producing reference implementations for open standards]

The Pan-European Workshop completed the launch week activities at Research In Motion’s Slough Offices and shared the proceedings with Raising The Floor an initiative by Gregg Vanderheiden and Jim Fruchterman to bring together all parties working on web accessibility, again using open practices. Greg has been involved in accessibility for many years and in his Introduction, Peter Korn, technical lead on ÆGIS sited Greg as his primary mentor. Peter in turn has been very active in open accessibility, especially the GNOME desktop which is used in Linux (e.g Ubuntu) and Sun’s Solaris. Peter along with Will Walker has taken a key role in orchestrating the  resources of their employer Sun to bear on making GNOME a focus of much open accessibility work, including infrastructure, the Orca screen reader, GOK on screen keyboard and collaboration with the Firefox web browser accessibility team.

In addition to hearing more about ÆGIS, the workshop offered the opportunity to catch up with some of the collaborators from the Ace Centre, OATSoft.org, aIDEAS & Mozilla as well as being something of a ‘tweatup’ for those who follow each other on Twitter, including Henni of Opera, Steve Faulkener and Gez Lemon of TPG and Davis Sloan of the University of Dundee. There was woefully little time to chat and I completely missed David Banes of AbilityNet and David McKay of Inference Labs, Cambridge (Dasher is an alternative text input program). I did finally meet Jutta Treviranus, director of ATRC at University of Toronto. Jutta is the boss of long term open accessibility developer David Bolter (e.g. GOK, dojo, ARIA), and we also heard the news that David is taking a years break from ATRC to work on Mozilla core accessibility with Maroc and Surkov.

Due to my failure to understand the scale of the map I arrived after the start having wondered up and down the batch road. The first few talks by M Gonzalez-Sancho (EU Commision ICT for inclusion, information and media Directorate General) and E Bekiarias (CERTH-HIT) provided high level views of the EU’s inclusion policies and AEGIS (£12.6M funding) as well as feedback from the previous days user forum.

Peter Korn then gave a technical overview with demos of existing applications including old friends such as the accessibility APIs, GOK, Orca+eSpeak, Dasher and Accerciser. In addition Peter showed an as yet unreleased simulator of visual impairments such as macular degeneration.

Dr Bekiarias then presented the AEGIS use cases which appear to present a reasonably representative and useful range. I was pleased to see symbol support in OpenOffice.org along with synthetic voices. As Simon Judge pointed out the desktop had little for AAC and switch users but  there is more on the mobile platform.

After an all too brief lunch, Dr C Galinski (InfoTerm) gave a presentation on structured content standards. This was followed by a very effective talk by Greg on accessibility overall and Raising the Floor. He made the point that what we do determines if ICT is a blessing or a curse to many users. He provided a clear analysis of the ways of providing accessibility (adjust interface, provide alternative interface, select alternative or download new interface on demand) and asserted that the accessibility API’s are the only real chance for an affordable and lasting strategies for flexible interface options (and I agree). He also considered reducing cost to users and the part OSS plays, seeing this as enabling more direct paths for the transfer of research and allowing the public coverage of costs other than licences. he also suggested we might like to consider free public access (cf public/private schools) and the need to fund more than research - e.g hardening, awareness, support.

Before the panel discussion Peter announced the Open Accessibility Everywhere Group. The desire to bring together all interested parties including developers, researchers and users and so facilitate exchange of ideas it echos the original motivations that underly Oatsoft.org and later Project:Possibility. While Oatsoft’s funding was only for an initial evaluation phase we can hope that OAEG will succesfully fill this important community role and so help us push the open accessibility envelope. There is an overlap here with Raising the floor that will need to be worked out, though AEGIS adds desktop and mobile accessibility to RtF’s focus on web accessibility.

I was pleased to see a place for the open accessibility projects I have been personally active in. In addition to key projects such as Mozilla, GNOME and NVDA I saw some potential for those I have been closely involved in as a developer; Simon Judge thought Maavis has something to offer in many use cases, and the straight-street.com open symbol set has much to offer. Jambu may also be useful as a starting point for some work. I’m not sure about PowerTalk as it relies on MS technologies but at least that is now included in the EduApps USB stick collection. Greg again mentioned his interest in OATSoft.org as providing the master list of projects, though the announcement of the OAEG seem to indicate it would be providing similar functionality after all.

So all-in-all a useful workshop but perhaps too many presentations with too wide a scope; I would have liked more networking time. ÆGIS is an exciting project and a serious opportunity for the benefits of open accessibility to be realised by users and developers alike. There is a lot to be done and good management will be need to ensure it delivers, but building on open development gives it a very good foundation for success. I’m looking forward to being involved as well as watching what happens.

I’m greatful to Ross Gardler (OSS Watch manager) for being so supportive of open accessibility and providing me opportunities to make it part of OSS Watch’s portfolio of experience. My first project was AccessApps and we spent Tuesday in a highly constructive consultation with the Maavis project, working out ways forward by embracing open development.

That reminds me I have an article on open accessibility to take though OSS Watch’s thorough quality control process.

“Yes, well, three of the eight patents in this dispute read on the Linux kernel as implemented by TomTom. The other five relate to car navigation proprietary software used by TomTom.”                   

Words like these bring back terrible memories of Microsoft’s - and particularly Microsoft CEO Steve Ballmer’s -  past statements in this area. Back in 2004  Ballmer told the Asian Government Leaders Forum in Singapore that Linux infringed on “over 228″ software patents and that

“somebody will come and look for money owing to the rights for that intellectual property…”              

Journalists seeking clarification of Ballmer’s comments at the time from Microsoft’s PR department were told that Ballmer was referring to a 2004 study by Dan Ravicher  that identified 283 potential software patent infringements within Linux. Ravicher responded that Ballmer was misreporting the essence of the report, which was that any operating system would necessarily infringe the 283 patents in question (Ravicher did not list them) and that therefore Linux was in no greater danger of infringement than any other operating system. The report was commissioned and published by a firm called Open Source Risk Management, who coincidentally were just about to start selling insurance for users of Linux who feared being hit with unexpected patent fees. Ravicher is now Legal Director of the Software Freedom Law Center, a law firm that specialises in helping authors of FOSS.

Of course this was not the only piece of horse-spooking that Microsoft has engaged in over the years. In May 2007 senior Microsoft lawyers Brad Smith and Horacio Gutierrez (sound familiar?) told Fortune Magazine that Linux infringes on 235 Microsoft-owned software patents and that:

“This is not a case of some accidental, unknowing infringement… There is an overwhelming number of patents being infringed.”       

Shortly after this Microsoft announced a deal with Novell that would protect customers using Novell’s SUSE Linux distribution from patent action by Microsoft - the obvious implication being that customers of all other Linux distributions must therefore be at risk (OSS Watch covered this issue and the Free Software Foundation’s reaction in our description of the GNU GPL v3 here).

So is the current climate of fear really warranted? Probably not. For a start, Gutierrez himself is at pains to say that this is not the beginning of the earth-shattering IP showdown that Linux users have been fearing for years:

I should say, Microsoft respects and appreciates the important role that open-source software plays in our industry, and we respect and appreciate the passion and the great contribution that open-source developers make in our industry. That appreciation and respect is not inconsistent with our respect for intellectual-property rights. Partnership with all technology companies, including those that adopt a mixed-source model, must be built on mutual respect for IP rights — rights that we all rely on for driving innovation and opportunity.Now, this case is against TomTom, and it involves infringement of Microsoft patents by TomTom devices. Each case is different, and this one is specifically about the use of software by TomTom in its devices.        

(from here.) In the past it has clearly been a strategic aim of Microsoft’s to cast doubt on the legality of Linux. The Microsoft quotes mentioned above were without doubt intended to make potential Linux users think twice about where they should spend their money. With the Tomtom case - in contrast - Microsoft seems to be at pains to go further than it needs to in calming Linux users about the potential for broad litigation against their chosen operating system. Just note the contrast between the Gutierrez of 2007’s Fortune article and the Gutierrez of 2009’s Tomtom-related interview. There seems to be a genuine movement towards playing down the implied threats of the past.

 Why has this happened? It’s almost impossible for an outsider to say.It is clear that Microsoft’s former strategy of implying that Linux was about to disappear under storm of patent infringement suits did not significantly affect Linux uptake. The Linux community adapted through initiatives like the Open Invention Network - a patent-holding organisation supported by Sony, Novell, Red Hat, IBM, NEC and Philips that licenses its IP at no cost to anyone who agrees not to assert their own patent rights against Linux. Of course, if you choose to assert your rights against Linux, the OIN will closely examine your products to make sure that none of their patents are embodied in them. In practice it’s this kind of ’sue-me-and-i’ll-sue-you’ standoffs that prevent all-out patent war in the IT sector, and the number of patent-holding corporations with a stake in Linux now makes it potentially as risky to sue as any other single large technology player - maybe riskier given the added liability of blogosphere backlash and community hatred for any moves against FOSS. 

When OSS Watch spoke to OIN’s then-CEO Jerry Rosenthal in 2007 he believed that they would probably never have to actually sue a big player like Microsoft. So while the Microsoft-Tomtom case probably does not herald the the final Microsoft campaign against FOSS, it will be interesting to see whether OIN sees it as sufficient reason to look into enforcing their own patents against Microsoft. Tomtom must be hoping that they do. 

• ensure all solutions use open standards and provide protection against vendor lock-in
• facilitate better communication with senior managers across HE/FE as to the potential benefits and pitfalls of making use of open source solutions
• encourage educational ICT bodies with an overview of the sector such as UCISA and BECTA to assist institutions with open source related training and knowledge
• work to improve the ITT and PPQ processes within institutions

OSS Watch has been funded by the JISC since 2003, part of our remit has been to facilitate the appropriate adoption of open source in the sector, yet the recomendations made in our workshop were largely the same as they were in 2003. Did this mean that OSS Watch was having no effect?

I’m pleased to say that OSS Watch have had some influence on the adoption of open source in the  education sector. For example, we worked with our own funders on an open source policy which was adopted in 2004. Similarly, we worked with BECTA during the creation of the Open Source Schools project (as well as helping BECTA understand what the goals of this project were we continue to provide advice, guidance and materials to the company running the site).

However, when it comes to influencing individual procurement decisions we have struggled to have any significant impact. Put bluntly, there is very little our small team can do when faced with procurement policies and staff that are predisposed towards the incumbent suppliers products.

I was therefore encouraged when the Cabinet Office published “Open Source, Open Standards and Re–Use: Government Action Plan“. This document is intended to put open source software onto an equal footing with proprietary forms for procurement.

As with the 2004 government policy on open source we are assured that “Procurement decisions will be made on the basis on [sic] the best value for money solution to the business requirement, taking account of total lifetime cost of ownership of the solution, including exit and transition costs, after ensuring that solutions fulfil minimum and essential capability, security, scalability, transferability, support and manageability requirements” and “The Government will use open standards in its procurement specifications and require solutions to comply with open standards. The Government will support the development of open standards and specifications.”

However, this new document goes a small, but important, step further.

It states “Where there is no significant overall cost difference between open and non-open source products, open source will be selected on the basis of its additional inherent flexibility.” Many commentators have, so far, missed the importance of this statement. The key is in the acknowldgement of “additional inherent flexibility”. This is over and above the flexibility provided by the adoption of open standards.

This “additional inherent flexibility” is a result of having access to the source code. Closed source software can adopt open standards, but they still provide a form of lock-in since there is only one source of customisation and maintenance for that product. When the source is freely available one is able to shop around various support providers in addition to selecting from various interoperating products.

The introduction of competition through open standards is clearly a step in the right direction. However, competition between software providers is also desirable. This is a topic I cover when presenting at procurement related events, and is something OSS Watch believe is very important given that requirements for software usually change as an organisation matures. These changes may not be aligned with the business model of the current support provider.

I’m also encouraged to see that the document identifies a number of actions including “develop clear and open guidance for ensuring that open source and proprietary products are considered equally” (action 1). This is a very complex issue and is something OSS Watch have been trying to do in the education sector for some time.

The problem is that open source and closed source solutions cannot be compared using the same techniques. Whilst the software products themselves can be compared on a feature by feature basis, the softer aspects, such as quality of support, security, flexibility and sustainability of the solution cannot be easily compared like for like. Consequently, it is necessary to change the procurement process itself before any real impact will be seen. Simon Phipps of Sun Microsystems suggests one potential model for a level procurement playing field through adoption led approaches, and warns about how the existing process can be gamed.

Further to the need to change the procurement process we must also ensure our workforce has the necessary skills to evaluate and engage with open source software. Without this skillset policies and action plans will fall on deaf ears, who is going to implement them? I discuss this in my November post “We have an open source future - or do we?“

Despite these concerns, I welcome this document from the Cabinet Office and encourage those with an understanding of open source and, in particular, how it should be evaluated to actively review and comment on the document using the CIO defined tag of #ukgovOSS so that it gets picked up and syndicated on a special public FOSS Aggregation page.

For patented protocols, Microsoft said it would offer licenses on “reasonable and non-discriminatory terms.” Open source developers can access the protocols for free for noncommercial use without fear of lawsuits, Microsoft said.

Now, as we mentioned a week ago Microsoft accompanied their submission of the OOXML standard to the OSI with an ‘Open Specification Promise‘ in the following words:

Microsoft irrevocably promises not to assert any Microsoft Necessary Claims against you for making, using, selling, offering for sale, importing or distributing any implementation to the extent it conforms to a Covered Specification (“Covered Implementation”), subject to the following. This is a personal promise directly from Microsoft to you, and you acknowledge as a condition of benefiting from it that no Microsoft rights are received from suppliers, distributors, or otherwise in connection with this promise. If you file, maintain or voluntarily participate in a patent infringement lawsuit against a Microsoft implementation of such Covered Specification, then this personal promise does not apply with respect to any Covered Implementation of the same Covered Specification made or used by you. To clarify, “Microsoft Necessary Claims” are those claims of Microsoft-owned or Microsoft-controlled patents that are necessary to implement only the required portions of the Covered Specification that are described in detail and not merely referenced in such Specification. “Covered Specifications” are listed below.

This promise is not an assurance either (i) that any of Microsoft’s issued patent claims covers a Covered Implementation or are enforceable or (ii) that a Covered Implementation would not infringe patents or other intellectual property rights of any third party. No other rights except those expressly stated in this promise shall be deemed granted, waived or received by implication, exhaustion, estoppel, or otherwise.

This would seem to be a blanket promise (or covenant) to avoid taking patent infringement action against anyone implementing the current OOXML standard or using such an implementation - for example Sourcesense and the users of POI who will be receiving their Microsoft-sponsored OOXML code. There is no mention of a different deal for commercial use of open source implementations, as the Information Week story seemed to imply. Does this discrepancy matter? Well it has certainly caused anger and confusion among some in the free and open source community. Michael Tiemann President of the Open Source Initiative (OSI) and Vice President of Open Source Affairs at Red Hat Inc. quickly responded to the article with a blog post on the OSI site entitled ‘Microsoft’s new weapon against open source: stupidity‘. In it, Tiemann laments the unquestioning attitude of the media in reporting Microsoft’s seemingly discriminatory attitude to open source as cosy non-discriminatory affection. Trouble also kicked off on the Apache developer mailing list for POI, with a quotation of the Information Week article and a call for the Sourcesense code to be rejected from the project as it was ‘encumbered’ by Microsoft’s seeming insistence that patent licenses must be obtained for commercial use.

The mismatch between the Information Week article and the Open Specification Promise puzzled me, so I contacted Microsoft here in the UK to see what the truth of the matter was. The query found its way to Microsoft US’ Public Relations firm Waggener Edstrom who replied as follows:

Apache libraries are open source code, and available through broad licensing. Any required Microsoft patent rights relative to Office Open XML are available on a royalty-free, perpetual basis to all implementers, as outlined within the Microsoft Open Specification Promise.

So it would seem that the indirect quote from Microsoft in the Information Week article was either misreported or inaccurate, and the dismay in the free and open source community is the inevitable mistaken result of this mistaken account.

The question remains, though, how did the error occur? Certainly it could have been a typo somewhere, but I wonder if it is perhaps a result of the phraseology Microsoft adopts when discussing free and open source. To return for a moment to the web page of Microsoft’s ‘Open Specification Promise‘ we find that there is also a lengthy FAQ to elucidate the effects of the covenant. In this FAQ, Microsoft twice draws a distinction between ‘commercial’ and ‘open source’ software:

The Open Specification Promise is a simple and clear way to assure that the broadest audience of developers and customers working with commercial or open source software can implement specifications through a simplified method of sharing of technical assets, while recognizing the legitimacy of intellectual property.

and later

The Open Specification Promise is a simple and clear way to assure that the broadest audience of developers and customers working with commercial or open source software can implement the covered specification(s).

This is an odd way to speak, given that there are large commercial open source companies out there of whom Microsoft must be aware. While one can only speculate about Microsoft’s reasons for giving the impression that open source and commerciality are mutually exclusive, it certainly seems possible that this odd linguistic tic is the root cause of the confusion in Information Week and the resulting screams of protest from the free and open source community.

Notice: Sourcesense have provided speakers for OSS Watch events in the past, and a member of Sourcesense sits on our Advisory Committee.

So why is there such bitterness over this issue? Well, some of it comes from the perception that OOXML is in itself an inadequate standard which has triumphed through Microsoft’s expertise at lobbying ISO member bodies for their votes. Critics point out that the standard is itself is incredibly long and complex - over six thousand pages. It has also been widely observed that rather than trying to select a set of characteristics that need to be described in order to define a document minimally and efficiently, OOXML instead describes a huge set of overlapping characteristics that define the many different ways Microsoft has described documents over the almost twenty year life of the Microsoft Office product. It is easy to see why they have done this; it greatly facilitates conversion of all legacy documents into the new format. Still, it also results in a swollen specification that competitors will find very difficult to implement in their products. For example, OOXML defines many functions such as shapeLayoutLikeWW8, which instructs a rendering application to arrange text around a shape in the same way as Microsoft’s Word 97. Clearly Microsoft will have an advantage over competitors in making their products reliably behave in these ways.

Back in September 2007 OOXML lost an adoption vote at ISO, partly as a result of muscular lobbying from the free and open source communities, and hundreds of changes to the standard were requested by the voting members. While many of these were implemented by Microsoft and ECMA, the majority remained unimplemented at the time of OOXML’s approval.

Another controversial aspect of the OOXML standard is Microsoft’s patent non-enforcement promise that accompanies it. International standards must at the very least include fair and non-discriminatory terms for the licensing of patents that their use might infringe. Generally the standards bodies prefer that associated patents are licensed at no cost, and this is essentially what Microsoft has done with their Open Specification Promise. It promises that Microsoft will not enforce their patents against anyone as a result of their activities implementing OOXML readers, writers or renderers. However Microsoft make no explicit promise that subsequent versions of OOXML will also be covered by such a promise, merely saying that they aim to continue the promise in areas where they continue to engage with open standards bodies. This has alarmed many people, pointing to a possible future where everyone has adopted OOXML only to find that Microsoft withdraw from engagement with standards bodies and also withdraw their patent promise for subsequent versions. In comparison, Sun’s Non-Assertion Covenant for OpenDocument offers a perpetual promise not to sue for both version 1.0 and all subsequent versions. In the run-up to ISO’s decision, the Software Freedom Law Center (SFLC), a free-and-open-source-supporting public interest legal practice, released a document filled with dire warnings about Microsoft’s Patent Promise, and telling anyone writing software under the GNU General Public License to shun it. SFLC’s argument is twofold. Firstly they argue that, despite the promise, a piece of multi-purpose code might be protected when used to implement the standard but infringing when used for something else. Secondly, they argue that Microsoft’s failure to extend the promise to future revisions of OOXML means that projects attempting to progressively implement newer and newer versions of the standard may hit a legal brick wall down the line.

Are these worries justified? Certainly the SFLC’s first point is well taken, given the propensity of free and open source developers to repurpose code. The second point is less persuasive, I think, and a little opaquely worded in their document. To be clear, implementations of the current version of OOXML will always be protected from patent action by Microsoft, whether they withdraw the promise from future versions or not (provided the code in question is actually used to implement the standard). As to whether Microsoft will actually withdraw the promise from future versions, it is a difficult issue to predict. Microsoft got into the open standards game in the first place in order to win procurement contracts - often in the public sector - where open standards are listed as pre-requisites. While it may be notionally possible for Microsoft to partially re-enclose their format by either withdrawing the promise from a future version or withdrawing from the open standards process altogether, the practicality of such a move would depend heavily on how Microsoft’s users would respond to it. Thus the future of the standard really depends less of Microsoft’s whim and more on ourselves and the organisations for which we work.

There can sometimes be a danger of lock-in with some proprietary providers, and we must avoid developing an over-reliance on individual suppliers. The Government, via the Office of Government Commerce, work hard to avoid that by using open standards to ensure that different suppliers’ software can be used interchangeably. (Angela Eagle, The Exchequer Secretary to the Treasury during a parliamentary debate)

However, there is much more to the lock in problem than the format the data is stored in. We also have to consider how this data is stored and processed in any given business process.

Until recently I’ve been reading about peoples concerns over the closed nature of Microsofts Sharepoint with a pinch of salt. I have to admit I just didn’t get the problem. If the data was in an open format you could just take your data and run, right?

Well no, that is not the case. Thanks to my old boss Randy Metcalfe, I now realise the lock in comes in the form of business processes tied to the repository. Matt Asay explains in an interview with lwn.net:

Let’s assume you store data in ODF in a Sharepoint repository. It doesn’t matter that ODF is an open format. The repository holding it is proprietary, and that proprietary lock-in is doubled by the fact that the enterprise will build (proprietary, non-standard) workflows to manage that content which keeps content a prisoner to Microsoft.

This may be true, but the fact is that Sharepoint makes it possible to build these workflows. I’m aware of no other single tool, open or closed, that is as complete. Almost certainly this is why many of the people I speak to in the education sector report an interest in Sharepoint.

What worries me is not that these people are considering Sharepoint, it’s that they think that a move to Sharepoint, coupled with an adoption of open standards will prevent a lock-in to a single vendor. This does not appear to be the case.

So, if you are concerned about vendor lock-in what can you do?

Firstly, you should recognise that no software tool can be rolled out across an organisation without significant configuration and optimisation for the (often fluid) local business practices of that organisations. Buying any off the shelf product will always result in the need to also buy consultancy and/or staff training to provide ongoing support . As a representative of a major UK university recently told me “we thought we could buy the licences and pay some consultants and that would be it. Unfortunately it’s not as simple as that.”
Secondly, we must recognise that it is possible to create a software stack using mature and successful open source software that will do everything Sharepoint will do, and more. Sure, it takes effort to do this, but it can be done.

Finally, we must ensure that we evaluate any closed source solutions against any open source alternatives, taking into account all strategic, technical and resource objectives.

Why must we consider open source? There are many reasons, the most relevant to this post is that open source, coupled with open standards prevent lock-in.