Blogger: An Antic Disposition - Post a Comment - 0 views
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Alex Brown on 28 Oct 09"practical purposes", "reference implementation" - guys, why not just cut the crap and state you want to use OpenOffice (or MS Office) or whatever? Could it be that's ... not allowed?
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The New York State "OASIS approval is good enough for us" position has considerable tension with the Agreement on Technical Barriers to Trade ("ATBT") ratified by the U.S. pursuant to the Uruguay Round Agremeents Act, 19 U.S.C. 2503 and Presidential signature, and are therefore "the law of this land." Zicherman v. Korean Air Lines Co., 516 U.S. 217, 226 (1996). Relevant ATBT provisions are Article 2.4 (member nations must use appropriate international standards where they exist or parts of them as their technical regulations; I don't see an applicable exception); and 3.1 (member nations required to take such reasonable measures as may be available to them to ensure compliance by "local government and non-governmental bodies within their territories" with the provisions of Article 2). http://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm New York State is a "local government" within the meaning of the ATBT. Likewise, a New York State decision to adopt a standard for its internal use is a technical regulation. See definition 1 in ATBT Annex 1 and the holding in regard to the term's meaning by the WTO Appellate Council in the case of EC Asbestos, http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds135_e.htm (para. 66-70 in the HTML version). Given that we have two relevant international standards, ISO/IEC:26300 and ISO/IEC:29500, it would seem that legally, mere "OASIS approval is [NOT] good enough" for New York State. Some people just don't get that the ATBT was intended to force government action to remove unnecessary obstacles to international trade (such as interoperability barriers) rather than just to rubber-stamp the status quo ante. The Feds have the enforcement responsibility here.
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Re "reference implementation," if you check this video of a Rob Weir presentation, at about 44 minutes, he states: " "ISO doesn't have the concept of a reference implementation." http://ooocon-kiberpipa.kiberpipa.org/media/index-2007.html#ODF_Interoperability_Robert_Weir But if you check his slides from the same presentation, at slide 22 we find, "Let's work to make OpenOffice.org be the full reference implementation for ODF!" http://www.robweir.com/blog/publications/Interoperability-Barcelona.pdf An ODF "reference implementation" controlled by a single vendor, Sun Microsystems, through its padlock on the code commit rights? Sounds like a moving interoperability target to me that a standards development organization has no control of. Not ISO. Not OASIS. The implementation tail should wag the standard dog according to Weir. Too bad New York State fell for that piece of baloney.