Office Open XML and the Promise Not to Sue: Opportunity or Minefield?

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Microsoft's 'Office Open XML' (OOXML) file format is a candidate to become an international ISO standard. Commentators have raised the prospect of potential legal exposure associated with the adoption of OOXML, and conversely that such a standard may reduce such exposure compared to current arrangements. Microsoft's 'Covenant Not to Sue' (CNS) and 'Open Specification Promise' (OSP) are potential shields from such liability. These and other issues are examined from both a technical perspective, to gauge the technical scope of coverage, and from the perspective of the legal effect of the CNS and OSP.