There certainly is a need for an open XML standard. We consider that the proposal is very valuable and interesting. However, the size of the document makes an appropriate evaluation in the short time available very difficult. A number of errors, incompatibilities, voids and access and intellectual property restrictions that could be verified point to the need of a more detailed revision of the document in order to be a good international standard. The technical committee encourage ECMA members to present their proposal through the normal ISO standard development process, in order to enable an open discussion, an appropriate revision of all requirements and an adequate correction of all issues.

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Proposed Disposition of DIS 29500 Comment PE-0001 (Modified: 2008-01-04) Regarding concerns about accuracy and completeness of DIS29500, we note that there have been over 3,500 comments submitted by National Bodies, and the proposed dispositions to these comments include a large number of changes clarifying specific concerns raised by National Bodies. Regarding intellectual property concerns, DIS29500 fully complies with the Ecma and ISO/IEC/ITU IPR policies. ISO and IEC have received the appropriate IP declarations related to DIS29500 — these are on file in their database and ISO/IEC may be queried about them. All IPR matters should be referred to ITTF, as prescribed in the JTC 1 Directives for the Fast-Track process. National Bodies are respectfully encouraged to review the existing ISO/IEC/ITU Common Patent Policy, as requests to implement changes or extensions to this IPR Policy should happen through normal ISO/IEC processes and not through the DIS29500 BRM or vote. As to copyrights, please see JTC 1 Directives Section 10.2, which assigns DIS copyright to ISO and IEC. ISO and IEC representatives have repeatedly stated that they believe there are no IPR issues that would cause concern with the ISO/IEC/ITU Common Patent Policy or the adoption of DIS 29500, as explained in item 4.1 of the ISO/IEC JTC 1/SC 34 FAQ on DIS 29500 (which is publicly available at http://www.jtc1sc34.org/repository/0932.htm ): 4.1 Will IPR issues be discussed at the BRM? No. IPR issues in this process are the exclusive preserve of the ITTF. IPR decisions have previously been delegated by all the ISO and IEC members (NBs) to the CEOs of IEC and ISO, and they in turn have examined them and found no outstanding problems. NBs seeking reassurance in such matters must pursue them through other avenues than the BRM. Ecma has the following comments: Contributions to Ecma were made under the Ecma Code of Conduct in Patent Matters, which we believe to be in line with ISO/IEC/ITU Common Patent Policy. As a member of Ecma, Microsoft has made information available to Ecma regarding any essential patent claims Microsoft may have in connection with ECMA-376, and this declaration was provided to JTC 1 together with the Fast-Track document. Ecma has been informed by ISO that Microsoft has also submitted to the ISO Central Secretariat a Patent Declaration Form related to licensing of any of its essential patent claims that are necessary to implement DIS 29500. Pursuant to such Patent Declaration Form, Microsoft has provided assurances to ITTF that any such essential claims vis-à-vis DIS 29500 will be available for full or partial implementations under three different approaches (from which an implementer can select). These options include Microsoft’s Open Specification Promise (see http://www.microsoft.com/interop/osp/default.mspx ), Microsoft’s Covenant http://office.microsoft.com/en-us/products/HA102134631033.aspx ) and a royalty-free Reasonable And Non-Discriminatory (RAND-Z) license. The OSP enables both open source and commercial software to implement DIS 29500. See http://www.microsoft.com/interop/osp/default.mspx#EZCAC for statements from the open source community. We note that a growing number of implementations of ECMA-376 are becoming available, including those released by Apple (Mac OS X Leopard, iWork 08, iPhone), Adobe (InDesign), Microsoft (Office 2007, Office 2003, Office XP, Office 2000, Office 2008 Mac OS X), Novell (Suse Open Office) , Google (Search / Preview), Mindjet (MindManager), Intergen, OpenXML/ODF Translator (Open Source project on Sourceforge), Dataviz (DocumentsToGo on Palm OS, MacLinkPlus on Mac OS X Leopard), NeoOffice, Altova (XMLSpy), MarkLogic (XML Content Server), Datawatch (Monarch Pro), QuickOffice (QuickOffice Premier 5.0 on Symbian), Altsoft (XML2PDF Server 2007) and those under development by Corel (WordPerfect), AbiWord, Gnome (GNumeric), Xandros, Linspire, Turbolinux and others. These implementations are now available on many platforms, including Linux, the Macintosh, Windows, and handheld devices (PalmOS, Symbian, Windows Mobile). Fast-Track Processing is provided for in the JTC 1 directives as a normal means of processing externally developed standards, submitted by either a National Body or a Category A Liaison organization. Prior to the Ballot Resolution Meeting , the Project Editor will address all comments raised during the DIS 29500 DIS Ballot Period. During the development of ECMA-376, interim versions of the specification were publicly posted on the Ecma web site as early as May 2006, and SC34 (which has liaison status with Ecma) was invited to access and review these drafts.