Comments

This paper is a working paper produced for the OOXML Symposium, held at the UNSW Faculty of Law, 14 December 2007. This paper may also be referenced as [2007] UNSWLRS 71.

Abstract

Microsoft’s ‘Office Open XML’ (OOXML) file format is a candidate to become an international ISO standard. Commentators have raised the prospect of potential legal exposure associated with the adoption of OOXML, and conversely that such a standard may reduce such exposure compared to current arrangements. Microsoft’s ‘Covenant Not to Sue’ (CNS) and ‘Open Specification Promise’ (OSP) are potential shields from such liability. These and other issues are examined from both a technical perspective, to gauge the technical scope of coverage, and from the perspective of the legal effect of the CNS and OSP.

Disciplines

Computer Law | Cyberspace Law | Intellectual Property

Date of this Version

December 2007