Group items tagged

What IBM VP Bob Sutor does not want you to read Submitted by marbux on Thu, 01/31/2008 - 23:36. This site is now live, although there's a ton of customization and configuration work to be done. But we might as well kick off by reprinting a comment I unsuccessfully attempted to post on IBM vice president Bob Sutor's blog today. I'm flattered that my post was the apparent triggering event for Sutor's announcement later in the day that he will now only allow comments from people who use their "real names."

IBM and Sun Microsystems convened a meeting in Armonk, N.Y., on Friday to discuss how to boost adoption of the standardized document format for office applications. The ODF Summit brought together representatives from a handful of industry groups and from at least 13 technology companies, including Oracle, Google and Novell.

The participants in last week's ODF Summit included Red Hat, Adobe, Computer Associates, Corel, Nokia, Intel and Linux e-mail company Scalix, in addition to Oracle, Novell and Google. The goal of the meeting, convened by Bob Sutor, IBM's vice president of standards and open source, and Simon Phipps, Sun's chief open-source officer, was to drive support for the standards "on a global level," Sutor said.

On the promotional side, IBM will draft a proposal to create an "OpenDocument Foundation" which would serve to market OpenDocument-based products.

You might think the steady defeat of bills in several U.S. states to mandate the use of free interoperable file formats might dampen the spirits of IBM, one of the prime supporters of ODF (OpenDocument Format). Far from it, said IBM's Bob Sutor, who sees the recent news as par for the course in the evolution of any open standard.

So I'm disappointed. And not just on behalf of open documents, but on behalf of the CIOs of this country, who are now caught between a rock and a hard place, without a paddle to defend themselves with if they won't to do anything new, innovative and necessary, if a major vendor's ox might be gored in consequence. After the impressive lobbying assault mounted over the past six months against open document format legislation, I expect you won't be hearing of many state IT departments taking the baton back from their legislators.    And who can blame them? If they tried, it wouldn't be likely to be anything as harmless as an open document format that would bite them in the butt.

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.