OOXML: The Integrity of a Standards Body
My last post on the ISO standards body vote in favor of OOXML sparked a few comments, so here goes another. While the headlines of Groklaw generally tell only one side of the story, here’s an interesting blog post from Jan van den Beld, the former Secretary General of Ecma International, the standards body that first approved OOXML as a standard.
If you’re like me and think that standards bodies will play an increasingly important role in the future, you want to see a process with integrity, accountability and transparency.
In his post, Jan van den Beld says that groups opposed to ratification are now trying to blame the messenger (standards bodies), in addition to the message (the standard):
They have resorted to making accusations of impropriety on the part of national standards bodies where they were unhappy that their negative views on this issue didn’t carry the day – notably on blogs such as noooxml.org and Groklaw. They would have you believe that no one could possibly favor ratification without being bribed or manipulated. Indeed, it appears that they find it impossible to believe that anyone could possibly disagree with their views, despite the overwhelming number who do in fact disagree with this position. These direct attacks on the integrity or national standards bodies are without merit.
The OOXML issue is an incredibly geeky, but fascinating, story from a public policy advocacy / PR spin point of view. Essentially we have two goliaths going at it - IBM vs. Microsoft. IBM has been very good at playing the role of the underdog, even though it’s a very large company that is acting in its own self interest. Microsoft is an easy target, on the defensive from antitrust lawsuits and regulatory and market developments toward “openness.”
Regardless of the way the process went down, it’s not a government body, so the market can still choose which standard will ultimately succeed. But I have a feeling that IBM is so upset precisely because this does relate to government. - ie. procurement preferences for open standards - and potentially creating new competition for ODF.
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What has people up in arms is not that "Microsoft's standard was approved"; it's that a file specification that is very technically deficient - it is huge, contains previously rejected specifications, and has literally thousands of known problems found by standards bodies around the world - was approved with a "fast track" process that should be reserved for mature specifications with no known problems. The standards process is not, and shouldn't be, a "popularity contest" of which interest gets the most votes; it's a long technical process where engineers work for years to come up with the best way to do or represent something. The minute it turns into a popularity contest where the winner gets to rubber-stamp its own possibly-flawed specification as a standard, the process has already been subverted and lost its meaning. It doesn't matter which specific interest won.
This lack of focus on the real problem is most apparent in this quote: "... trying to blame the messenger (standards bodies), in addition to the message (the standard)...". According to this view ISO is saying: "why blame us when it's the standard that is bad? We don't make up the standard, we just approve what we are given." Which is, of course, completely false. Comparing messenger/message and standards body/standard is utterly misunderstanding the role of standards bodies and the standards process. Standards bodies are responsible for creating the standard. They will usually use an existing specification as a starting point, but it's their task and responsibility to create a high-quality and technically superior standard. The minute they turn into a "messenger", simply "passing along" specifications submitted to them and declaring them as standards, they have lost the sole reason for their existence. If ISO is just the messenger, what meaning does an ISO standard have? What is the benefit of operating such a body at all?
It's easy to paint a pictures of two competing companies where Microsoft wants to get OOXML approved as a standard and the other side wants to have it banned from existence. But that is simply not the case. What the "other side" actually wants is that OOXML goes through the same rigorous and, yes, potentially long process of discussion and refinement that any specification needs to go through before it's good enough to be declared a standard. Declaring OOXML a standard now is sure to benefit Microsoft financially but it doesn't suddenly make OOXML any better. It's still the same deeply-flawed specification, and now Microsoft has even less incentive to fix it. So while we certainly didn't get a better file format, the value of an "ISO standard" was greatly reduced. This is the real issue at hand. Not how Microsoft out-maneuvered IBM in a political game, but how it managed to subvert the ISO process and protocols to turn it into a mere "messenger".
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Carme, thanks for your substantive comment.
I do share your thoughts regarding the meaning of standards. My message / messenger dichotomy was more of a product / process analogy, and I know the two are intertwined when it comes to standards creation and approval.
Obviously standards bodies have a reputation they want to protect. So you'd think that a standard that makes it out as approved carries weight, that the technical merits of the standard are robust within that which defines a standard.
But what happens if a significant (not just "some", as I bet that every standard fails to make everybody happy) number think it's not? Well, then the standards body gets a black eye, and so do those organizations that support the standard. But NOT because those that opposed the standard make a big fuss. Sure, there's definitely a benefit for Microsoft being able to say OOXML is an approved standard. But I also think the real punishment will come from the marketplace, when developers and consumers reject using the standard in their products.
But perhaps the normal process of market rejection has been distorted here. Although the market is moving towards "openness" and interoperability in many areas, in the software space we're seeing increased government involvement. It's a concern over document preservation, and governments are specifying the use of open document formats.
This government involvement is why many more people are paying attention to a technical, highly geekified subject. And it's why I'm involved - as a believer in market processes and a skeptic of government regulation.
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If you’re like me and think that standards bodies will play an increasingly important role in the future, you want to see a process with integrity, accountability and transparency.
I agree with you. However, it is absolutely clear that the standards process here was abused, and there are several investigations on-going about the way that technical committee recommendations were over-ridden, almost always by individuals who had business relationship with Microsoft. Canada has objected to the vote, and Norway has an investigation pending.
The process was not transparent, and was clearly not decided by technical issues or the merits of the OOXML 'standard.' as nearly every vote in favor of the OOXML has been traced to Microsoft's manipultation of the process.
The OOXML "standard" was pushed through on a special 'fast track' process, and it is well documented that fraud was committed in several of the representations that Microsoft-connected individuals have made regarding the substance of the meetings which have been held.
Don Marti was quite right when he stated that "It would be appropriate to disclose here the business relationship between ACT and Microsoft."
More particularly, it should be disclosed that "Braden Cox is Research and Policy Counsel at the Association for Competitive Technology." and that the Association for Competitive Technology has the following description from sourcewatch (www.sourcewatch.org)
In any case here is the web page of the Standards Council of Canada which explains why they are opposed to the standard.
Additionally, it should be noted that if Microsoft actually promoted a truly open standard, i.e., one that was clearly defined and was free of patent encumberances, so that anyone could write software under the license of his or her chosing that would implement that standard, no one would object to it.
What Microsoft instead did was promote a poorly defined standard fully of patent encumberances, so that they could promote their fake standard as open.
Yes, they won the battle, but in the course of doing so they so clearly have shown their true stripes that everyone know knows Microsoft for what they are.
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1. It is NOT absolutely clear the standards process was abused. In fact the DIN, and Standards Norway and the UK have all come out and called BS on the smear campaign. The fact that there are ongoing investigations has more to do with the nature of our overly regulatory and litigious society - "if you don't win, sue".
2."the process was not transparent" It's hard to prove a lack of transparency (often a catchall accusation made by the disaffected but sometimes true). But the reality is that standards organizations are not governments, they are not the UN, they are private, and are not perfectly transparent (though governments and the UN aren't perfectly transparent either, just in different ways). There seem to be hundreds, if not thousands, of standards bodies, and each seem to have their own rules that allow for private discourse and discussion outside of the bombast of the spin artists. But your lack of transparency assertion seems to contradict your next point.
3. "as nearly every vote in favor" is traced to Microsoft. Which is it, no transparency or transparency such that votes can be traced?
4. You say: "The OOXML "standard" was pushed through on a special 'fast track' process" WRONG AGAIN!. Nothing special about it. "Fast Track" is the one of the regular options used when taking a standard developed in another standards body to ISO. ODF went through a similar 'fast' process to ISO JTC 1 under what is known as a PAS submission. Same timeline as OOXML. So stop just spouting Groklaw rumor and do some research.
5. "and it is well documented that fraud was committed..blah blah blah" WRONG! There's rumor and innuendo and interpretation differences. Fraud is a serious accusation, requiring intentional misrepresentation, but so far I haven't seen any documentation of fraud. Here your post lacks the value that you can occasionally provide in your comments on this blog...
6. ...and continues to digress. Yes, ACT has a "relationship" with Microsoft - they are a member of our trade association, along with eBay, Oracle, Orbitz, VeriSign, and several thousand other smaller companies. But then you go on to quote sourcewatch as saying we are defunct... I hope not, or else I'm out of a job! But sadly that's pretty much the capstone for the quality of your research, at least on this issue.
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Casual readers might also mistake your series of assertions as a response to the points I have made, so I'll briefly post some of the rebuttals here.
For those who are interested in digging deeper into the facts surrounding the OOXML 'standard', just go over to Groklaw where they've got quite a lot of facts and links, too. I think its notable that Microsoft does not attempt to reply to the numerous posts over there.
You did not respond to the fact the the Standards Council of Canada was opposed to the standard, and although the official Norway body has voted in favor of OOXML here's a statement from one of the technical committee members, and I'll leave it to your readers to draw their own conclusions:
It seems that only 2 of 21 voted to approve OOXML in Norway, but the official standards body sent in a yes vote, as covered in Groklaw:
So how does that meet your standards for democratic and transparent?
There are investigations underway in a number of countries, including Philippines, and the EU is investigating the situation in Poland.
There is no contradiction between the lack of transparency by the standards body and the fact that the yes votes have been traced to Microsoft. Those who traced the votes have done so with very little help of the ISO standards body. They have traced these votes through hard work and perserverance.
Here's an example of the standards body not following its own rules:
It seems clear that many laws were probably broken by Microsoft to get OOXML approved, and I hope all those guilty will be prosecuted. That probably won't happen, though.
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Even Andy Updegrove, at his standards blog, has this lawyerly statement that casts doubt on whether RULES (not laws) were violated:
Now Andy does call for an overhaul of how ICT standards bodies work (given what he perceives to be their increasing importance in society). That may be the case, and it's probably worth exploring, but while related it's a different debate from whether ISO did not follow their own rules, or whether there were OOXML approval "irregularities."
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First, I'll note that you have not responded to any of the points and facts I have presented above, only my conjecture that "many laws were probably broken by Microsoft to get OOXML approved." I assume that's because you have no arguments to present, and would therefore like to shift the argument way from facts to the exploration of a conjecture I've made as a sidebar.
Very well. My conjecture is at least as well-grounded as your initial post, so I'll explore the aspersions you've made to my conjecture.
When I noted that Microsoft had probably broken laws I did not only refer to only US laws. Microsoft is convicted of anti-competitive acts in both the USA and in the EU. Particularly in the EU, you might have noticed there were some fairly hefty fines levied against Microsoft. They will very likely not be the last. Their behavior in influencing standards making-bodies should be subject to heightened scrutiny, given the connexions between their manipulation of the standards process and anti-competitive effects of those actions. In particular, the fact that ODF had gone through the same process establishes the crucial effect of the role of standards and competitive value of that standard. There are many laws that could potentially have been broken here; the competition issue gives authorities the duty to explore fully all relations between Microsoft, Microsoft consultants, and anyone who is or was connected with the standards setting process.
Of course, we are still at a very early stage; once all of the telephone records, emails, meeting notes, etc, between Microsoft, Microsoft consultants and those involved in the standards setting process have been subpoenaed and made public we will know more. That is why my conjecture about Microsoft having broken laws was exactly that, a conjecture. But stick around.
From the US legal perspective IANAL but I should think the possibility of their having violated some of the terms of the settle of their anti-trust case is possible, as well as (and I know this is a long shot) possible RICO violations. The nice thing about that is the ability to confiscate ill-gotten gains.
One thing is clear though: Microsoft have stirred up a giant hornet's nest of activity, from the legal perspective. Couldn't they see that coming or are they really that short sighted?
Also, many who have analyzed the standard itself have found it severely wanting, so they've done damage to the market's perception of their technical prowess as well.
This is a speech given by Steve Pepper, (see the email above, formally lodging a protest against Norway's vote) the widely respected chair of the SC34 mirror committee that reviewed OOXML for Standards Norway and by his colleagues:
So the next phase begins...
Regards,
E_F
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Here's an official statement from Norway's standards body (Standard Norge) responding to the kinds of allegations leveled by Pepper.
I think it's a rather evenhanded recount of their decision-making process that isn't overtly pro- or anti-OOXML. Others may see it as a defensive measure from an organization that has an incentive to maintain support for its decision. However, some may also question Pepper's motives and his over-the-top populist rhetoric.
But if we get too much into motive questioning, we quickly delve into conjecture and ad hominem attacks (I take pride in avoiding personal attacks when making policy arguments). So I'll leave to TLF's readers to determine what to believe and what to discount.
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I will note that you have not responded to my point above which provided a link to the Standards Council of Canada which has released a statement opposing OOXML approval as a standard, as have numerous other national standard-setting bodies. It's rather unusual for any standard to engender this much controversy, isn't it? Why do you think there has been so much controversy?
There have been allegations of irregularities in the voting process in Germany, Poland, Philippines, Croatia, Norway, France. Has there ever been this much disagreement and controversy over a technical standard? Why do you think there is such a controversy?
There have also been numerous irregularities by the ISO, including not allowing any records to be made of meetings, and not providing records where required. Here's the ISO's own rule:
The BRM meeting was held Feb 25 -29, and today is April 11, so Where's the meeting report?
I am curious why you believe there is so much controversy surrounding this standard.
But, leaving aside the quality issues of the standard itself which have been widely remarked upon (refer to the comment by the reader Carme above) I will give you two patterns of behavior of Microsoft which convince me that Microsoft has brought this controversy upon themselves.
First, when Microsoft does not get its way they complain to governments or slur the reputation of those who oppose them, without any regard for standards of behavior, decency or propriety:
And in case you think that was a fluke, from New Zealand a similar story:
Secondly, look at the following Microsoft document, part of the discovery in the Comes v. Microsoft case:
In short, Braden, you have a lot of work to do. Job security is a good thing, especially in today's economy, congratulations!
Oh, and I find your reference to my blog post as an 'ad hominem' attack odd. Why do you say that?
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http://www.noooxml.org/irregularities
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On the other side, there's Microsoft, who being late to the game, attempted to play catch-up (in the same way that ODF was approved, through the fast-track process) so that it too would have an ISO approved standard that would be acceptable to governments. So it's easy to see why Microsoft really wants to see OOXML be approved ASAP.
And it's also easy to see why IBM/Sun don't want to see OOXML compete against ODF. And they've been undeniably good at organizing grass roots support for their cause in order to create an ideological battle that is much more than just anti-OOXML, but touches upon free and open source software, interoperability...things that also help IBM's business objectives. It's amazing to see the passion involved here. I respect it, even though I see it as misguided when it comes to calls for government getting involved with mandates, preferences, and invasive business regulation (indeed, this is my primary concern).
So again, why the controversy? Governments have involved themselves in specifying the use of document formats that are approved standards. This has raised the profile and importance of the ISO standards process, raising the importance of a certain outcome to companies (and individuals) with various stakes in the game. Because strong opposing forces will lobby for opposite outcomes, the probability increases that dissension and controversy will occur. Given this, it's no surprise we've seen this with the OOXML process. And I'm willing to bet that bad patterns of behavior can be found on all sides, and if sources of controversy end being a cause for action as a violation of ISO's rules (or as you mentioned, maybe legally) then they should be dealt with accordingly.
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I don't disagree with MS getting together a QUALITY standard and having it approved.
What I am opposed to, and Steve Pepper and the numerous others who voted against the standards, is the low quality of the standard, from a technical perspective, and secondly the resultant shennanigans that MS consultants engaged in to get that poor standard approved.
In nearly every country that voted for OOXML MS or their consultants have been shown to be engaged in unsavory or possibly illegal practices. My ending remark is from a great article from 2600: Stick around.
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SABS, the National Body member of ISO/IEC JTC1 for South Africa, has filed a formal appeal with both ISO and IEC, challenging the Fast Track adoption of OOXML. With the filing of this formal appeal, DIS 29500 is now formally in limbo (i.e., cannot become an approved standard) until the appeal has been addressed.
The cited basis for South Africa's appeal is found in the following text of Clause 11.1.2 of the applicable Directives:
A P Member of JTC1 or an SC may appeal against any action or inaction, on the part of JTC 1 or an SC when the P member considers that in such action or inaction:
- questions of principle are involved;
- the contents of a draft may be detrimental to the reputation of IEC or ISO; or
- the point giving rise to objection was not known to JTC 1 or SC during earlier discussions.
...
The letter then gives detailed arguments supporting its appeal under each of the subclauses (discussed below in greater detail), and gives the following summary in closing:
In conclusion, South Africa challenges the validity of a final vote that we contend was based upon inadequate information resulting from a poorly conducted BRM. Moreover, we challenge the validity of a process that, from beginning to end, required all parties involved to analyze far too much information in far too little time, involved a BRM that did not remotely provide enough time to perform the appointed purpose of that procedure, and for which an arbitrary time limitation was imposed to discuss and resolve a significant number of substantial responses, despite the
Directives not requiring any such limitation as to duration.
It is our opinion that the process followed during all stages of the fast track has harmed the reputations of both ISO and IEC and brought the processes enshrined in the Directives into disrepute, and that this negative publicity has, in turn, also harmed the reputations of all member bodies of ISO and the IEC.
The closing of the letter is both telling as well as ironic, coming just after Microsoft's announcement that it would support ODF in Office 2007, but not DIS 29500, the ISO/IEC JTC 1 version of OOXML, until the as yet unscheduled shipping of Office 14. As a result, the business basis for fast tracking OOXML to begin with - to benefit the enormous installed base of Office users - will be rewarded, at the earliest, in 2010.
http://www.consortiuminfo.org/standardsblog/art...
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