Intellectual Property Law

An Interview with Andrew Updegrove, by Sean Daly

By Pamela Jones et al.

An Interview with Andrew Updegrove
by Sean Daly, Geneva February 26, 2008 [ Audio - Ogg]

Q: This is Sean Daly, reporting for Groklaw, I'm in Geneva for the OpenForum Europe conference, and I'm seated here with Andy Updegrove [bio]. Thank you very much for being with us today.

Andy Updegrove: My pleasure.

Q: Now, I just wanted to talk a little bit, in reaction to your presentation this morning, which I found very interesting, one or two other questions. Well, I think it's very clear that you are worried, you said this morning "deeply troubled", about the standards process surrounding OOXML. You talked about the "smoke-filled room". What are your concerns today?

Andy Updegrove: Well, I think, first of all, just by way of background for people that aren't familiar with the standards process, ISO/IEC is an organisation that has been around for about sixty years and has a highly evolved process that is utilized for creating standards of many, many, many, many types. Everything from mining to information technology. And, the first point to make is that it's a one-size-fits-all process. The second point to make is that standards, for many, many years, were set in a rather genteel and collegial setting, and in large part they still are. IT is unusual in part because it is so patent-laden. Many, many, many other types of standards have little or no patent exposure at all. So, I could go on, but suffice it to say that there are a number of differences between the ITC -- Information and Communications Technology -- space, and many of the other settings in which standards are set and virtually all of those in which the standards-setting process, is conducted in these organizations, was originally created.

So, one of the... the last thing I'll mention is that standards historically have not been anywhere near as strategic as this standard is, and outside of IT, a strategic standard is more of the exception rather than the rule, particularly when it comes to patent relationships. So, what we have seen in the current scenario is a number of places where the traditional standards-setting infrastructure, as compared to consortia, which operate under different rules and different realities and are somewhat more able to cope -- we're dealing with a process that really wasn't created to operate for this kind of standard and under this kind of stress.

Full post as published by Groklaw on February 29, 2008 (boomark / email).