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Gary Edwards

Bloggers beware: You're liable to commit libel | CNET Tech news blog - - 0 views

  • To prove libel, which is the same thing as written defamation, the plaintiff has to prove that the blogger published a false statement of fact about the plaintiff that harmed the plaintiff's reputation. Let's break that down. "Published" means that at least one other person may have read the blog. That's right, just one. A "false statement of fact" is a statement about the plaintiff that is not true. Truth is the best defense against libel. An opinion is also a defense against libel. But, depending on the context, the difference between an opinion and a statement of fact can be remarkably gray. Context is a big deal in determining defamation. One thing to watch out for: simply inserting the words "in my opinion" in front of a statement of fact doesn't magically make it an opinion. Satire and hyperbole can also be defenses against libel, but again, very gray. Then there's the matter of "harming the plaintiff's reputation." It's one thing to say that a false statement harmed your reputation, but if you can't demonstrate damages, the suit may be effectively worthless. Damages would include, for example, losing X customers that represent Y income, suffering emotional distress and so on. Also, if your damages are minimal, you may have a hard time finding a lawyer to take the case. They're a greedy lot. (That's an opinion, not a statement of fact.) If the plaintiff is your average, everyday, run-of-the-mill person or company, then negligence is sufficient to prove libel. That means that a reasonable person would not have published the defamatory statement. If the plaintiff is a "public figure," however, then the plaintiff must prove actual malice--a higher burden of proof. That means that the blogger knew that the statement wasn't true or didn't care. Then there's the question of who's responsible for comments on a blog. Whoever publishes the Web site is responsible for content on the site. That includes comments. However, many bloggers have independent agreements to indemnify the site that publishes their blog. That may or may not include comments. Plaintiffs can certainly sue everybody in the chain and see what sticks, though they will likely go after those with the deepest pockets. You can avoid the entire question by turning comments off.
Gary Edwards

What's Up Doc? Report on ODF / OOXML / W3C Document Wars |Collaboration and Content St... - 0 views

  • The overall document summary: Industry debate about the relative merits of OpenDocument Format (ODF) and Ecma 376 Office Open XML (OOXML) highlights the significance of the productivity application market shift from binary and proprietary file formats to vendor- and product-independent Extensible Markup Language (XML) models. The competitive stakes are huge, and the related political posturing is sometimes perplexing. In this overview, Research Directors Guy Creese and Peter O’Kelly introduce ODF, OOXML, and related World Wide Web Consortium (W3C) standards, and project their implications for future productivity applications.
Gary Edwards

Slashdot | OpenDocument Foundation To Drop ODF in desperate search for something that w... - 0 views

  • This fight is a distraction. Recognize both formats as legacy defacto standards and move on. This is actually a very common precursor in a standards process. CDF provides an opportunity to do the job right. People should not be translating OOXML into ODF, there simply isn't the value there. It is much more likely that OOXML will be a live format in twenty years time than ODF. We have a common standards based document language today - HTML. OK so I have a bias here but there is much more HTML than anything else. HTML is just a document format and it is somewhat presentation oriented but modern XHTML is changing those problems.
  • The problem for "you" is that Microsoft is the one who has 400 million or so installs of the dominant de facto office suite in the planet. "You" can either try to get them to play nice with you by applying pressure intelligently, or you can organize an exciting jihad to stick it to them. In a make-believe world where companies choose technology based on, well, technical merits and openness, the second approach will usually work. In the real world though, the former option would have been a better idea. But when you have well-paid shills like Rob Weir (courtesy of IBM) and his co-religionists who rarely take a break from hating Microsoft (except for lame attempts at making fun [robweir.com] of Microsoft) it's difficult to get away from the join-us-or-die approach. It just feels so right, I guess. I'm going OT here but seriously, Weir is just the cat's meow. Every single time Microsoft has challenged his hyperbolic rants and outright lies he's essentially ignored them or just penned some more. He thinks the OpenDocument Foundation is an irrelevant fly-by-night fanboy club (which I guess is possible), but he has no problem quoting obscure African groups [robweir.com] and his groupie bloggers to prop up his "Microsoft is evil and Office sucks and remember, IBM had nothing to do with this post" arguments. If the man spent 1/10th as much time writing some code or documentation as he does bitching about the Office toolbar buttons, ODF would have conquered the world by now. With people like that at the helm it's not difficult to see why a document format controlled by a single company and an elite group of testy technorati has gotten to where it is now. Not that I think OOXML is a particularly good idea, but at least there's someone out there with the balls to point out that the emperor is buck naked. I guess they better get ready for the DoS attacks, hate mail and death threats.
  • Blame Sun for this. Sounds like a populist position, or maybe troll flamebait. I'll be generous and assume the former, despite the fact your post seems like a digest from an anti-ODF briefing paper. Disclosure: My job [sun.com] includes the task of receiving complaints about Sun and trying to get Sun to fix whatever causes the problem. If you have proof of any of your accusations, let me know. I may have some of my facts wrong below as I'm working from memory; I'd welcome correction. With a few small additions, ODF could have supported Office formats as well, but Sun would not allow this. That is indeed the constant assertion that the three guys who comprise the Foundation make. However, I have personally asked members of the ODF working group at OASIS and they tell me its not so. The Foundation guys wanted to add structures to ODF to preserve untranslateable tags in translated documents so they could be regenerated on the reverse translation. Sounds OK at first glance, but in practice it results in very brittle software solutions that work well in demos but not in real life. The proposal was thus rejected by the whole working group (not just the Sun employees). Rejected, that is, in conversation. A complete solution was never proposed for voting. To say Sun would not allow it ignores the actual dynamic of the working group (see below). Their policy is that ODF will support what is needed for StarOffice, and nothing more. Naturally every member of a standards group in the traditional standards process is looking out for the code base where they implement a standard, and will have serious questions of any feature that they regard as unimplementable. The features actually put to a vote by the guys from the Foundation would have resulted in very brittle implementations, highly dependent on the version of MS Office with which they were coupled. It may have been possible to come up with a solution that reduced this problem, but the discussion was not sustained. The assertion you make is not true in the general case.They control the ODF technical committee Untrue. The ODF TC [oasis-open.org] can have no more than three members from any one organisation and is not under the control of any organisation. The Foundation guys actually flaunted that rule at one point and sent many, many more representatives - OASIS had to step in to fix it. That intervention is one of the issues they have with OASIS, in fact. Sun happens to employ the people who act as Chair and Secretary to the TC but the voting remains democratic.and their patent license allows them to stop the ODF TC if the ODF TC goes in a direction Sun does not like. I've heard that interpretation of the patent non-assert covenant [oasis-open.org] that Sun has made regarding ODF, but it's untrue. Sun covenants not to enforce any patents against ODF implementations based on any spec it participates in. To the extent that versions of the spec after Sun's departure are based on version in which Sun was involved, that covenant remains in effect even in the unlikely event of Sun leaving the TC. Sun can't stop the TC from continuing its work. Are you relaying this all as hearsay, or do you actually have data to back up your accusations? If you have, I'd like to see it (genuinely).
    • Gary Edwards
       
      Sun currently has SIX voting members on the TC. This statement is crap and easily disproven by the facts of actualy voting records. It's also true that Sun members have voted as a block since December 16th, 2002 The Foundation, at the height of it's work sponsored 28 particpants. Never once did the Foudnation member vote as a block. Never. Fopundation member are responsible for the OASIS ODF Open Formula Sub Committee and the ODF Metadata Sub Committee. This work would not exist without the sponsorship of the Foundation. It is true that a rule change OASIS inititated in December of 2006 cut the sponsorship of Foundation members from 15 to 2. And no more than 2! this effectively ended the Foundation's role in OASIS. The rule change was the elimination of the 501c(3) exception. Under normal rules, OASIS Corporations can sponsor as many employees as they like under a single membership. Under 501c(3) IRS rules, volunteers are considered the equivalent of employees. All OASIS had to do was eliminate the 501c(3) membership category and the Foundation was dead. And this is exactly what they did.
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