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Last night someone sent me a copy of a document delivered by the CEOs of ISO and IEC earlier that day to the ISO Technical Management Board (TMB). That documents summarizes the four appeals filed in relation to the adoption of DIS 29500 (OOXML), and provides a response to each claimed basis for appeal. Those appeals, you will recall, were registered by the National Bodies of South Africa, India, Venezuela and Brazil, not all of which have became publicly available. Under the Directives, the next step in the Appeals process is for the TMB to vote on each appeal, with each member being entitled to vote yes, no or abstain on one or the other of the following resolutions, in each case as to each appeal separately:

a) Not to process the appeal further

b) To process one or more of the appeals, which would require setting up of a conciliation panel

If more than one appeal is approved for further consideration, the CEOs recommend that a single panel be formed to address them (I’ve previously described the ongoing process in greater detail here). The TMB’s are asked to vote by August 4.

The recommendation of the CEOs is as follows:

The processing of the ISO/IEC DIS 29500 project has been conducted in conformity with the ISO/IEC JTC 1 Directives, with decisions determined by the votes expressed by the relevant ISO and IEC national bodies under their own responsibility, and consequently, for the reasons mentioned above, the appeals should not be process further.

Those who have been disappointed by how the Fast Track process was conducted will also be disappointed by the reasoning they will find in the document, which can be effectively be summarized as follows:

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Comments

• Andy Updegrove

  

  Andy Updegrove is a partner and founder of Gesmer Updegrove LLP, a Boston-based technology law firm, and has represented and helped structure more than 80 worldwide standard setting, open source, promotional and advocacy consortia over the past 20 years. He has also represented hundreds of both emerging as well as established technology companies, and is the founder and editor of both the popular website http://www.consortiuminfo.org and the widely-read Standards Blog

• Karen Copenhaver

  

  Karen Copenhaver is a partner in Choate, Hall & Stewart LLP ‘s Business & Technology practice focusing on technology transfer and licensing of intellectual property with a specific emphasis on open source business models. Most recently, Copenhaver was executive vice president and general counsel at Black Duck Software, Inc.