Office 2003 may carry end-user risk, says inventor

Computer users considering Microsoft Office 2003, to be released tomorrow, should be informed of any potential risks associated with patents pending, says Eric Wilson, inventor of 'Document Display System and Method' technology. Mr. Wilson warns end-users will be pursued for additional royalties and special conditions, if patent applications are granted and use of Office 2003 infringes. The inventor cites concerns over features found in a trial version of Office known as 'Beta 2', which was distributed to over 500,000 people.

FOR IMMEDIATE RELEASE
Office 2003 may carry end-user risk, says inventor

(Video, pictures and additional resources available from invention.docblaster.com)

(PRWEB) October 20, 2003 -- Computer users considering Microsoft Office 2003, to be released tomorrow, should be informed of any potential risks associated with patents pending, says Eric Wilson, inventor of 'Document Display System and Method' technology. Mr. Wilson warns end-users will be pursued for additional royalties and special conditions, if patent applications are granted and use of Office 2003 infringes. The inventor cites concerns over features found in a trial version of Office known as 'Beta 2', which was distributed to over 500,000 people.

"This is about possible clashes with patents pending," Eric Wilson says. "So for now, all we can say is end-users should be kept informed - before they buy - about the potential risks of one day being found to have infringed. Even though we have a clear report from the international examiner, the potential for enforcement is only possible if and when applications are finally granted."

Microsoft has been notified of 3 patents pending in the area of screen-paginated document display, electronic publishing and search result usage technology. But the software maker has elected to evaluate any impact the latter filing might have, only if and when it becomes a fully-fledged patent. This could be many months off, perhaps years - meanwhile Office 2003 is being made available for end-users to buy tomorrow.

"We don't know what modifications Microsoft has made to its final product to avoid potential trouble," Eric Wilson says. "But they decided not to even look at one of our unpublished patents-pending which could have some overlap. So on what basis has Microsoft properly evaluated the potential for end-user risks, which might be worth avoiding?"

Remedies for end-user patent infringement can be retroactive, from the date the patent application is published. For example, if 'Document Display System and Method' is granted, unlawful transactions could be rolled back to late June 2003. In this scenario, if the trial version infringed, over 500,000 users might discover their use of Office 2003 beta 2 was not free as Microsoft advertised, potentially attracting royalties to the inventor instead.

Mr. Wilson says when software makers dont act appropriately, aggrieved inventors are being squeezed to go down the line for compensation, to the unauthorized end-user beneficiaries of their work. Patent law provides for this, where infringements can result in surprise court orders to decommission systems or pay additional royalties to an inventor. So where the potential risk of this is foreseeable, Mr. Wilson argues, software makers are obliged to make proper disclosure, allowing the public to make well informed decisions.

"Microsoft was notified we had pending patents in December 2001, after it expressed interest my work," Eric Wilson says. "But when we pointed out striking similarities between our disclosure document and parts of Office 2003 beta 2, in our view, Microsoft did not responded appropriately. We can't say what the outcome will be, but we think end-users are entitled to know what's going on - how it might affect them - before they buy."

The inventor has also informed Microsoft of the existence of other filings, which incorporate aspects of the three previously mentioned. This could mean end-users building their own systems atop Office System 2003, might also carry a potential risk of future liability.

"This possibility needs further exploration," Eric Wilson says, "but so far, Microsoft hasn't even replied. But we feel software vendors are obliged to let people know of all known risks regarding patents-pending - at the point of sale before they buy."
ENDS

About the inventor and the invention
Eric Wilson is a software inventor and newspaper columnist. In 1999, he started research on ‘Document Display System and Method. A provisional patent for this and an associated software invention, was obtained with the assistance of an Australian government grant. Document Display System and Method automatically reformats content to fit the end users screen and viewing distance, no matter how large or small these may be. The system not only allows for easier reading, but is especially useful when securely accessing document images remotely via the Internet.
To review this international patent application (PCT/AU02/01727) go to http://invention.docblaster/patentapp.html (The inventors newspaper columns can be found at http://theage.com.au/technology/opinion/intraining/index.html
or http://smh.com.au/technology/opinion/intraining/index.html.)

Available for publication:
Screenshots of visible similarity, incorporating picture of Bill Gates (copyright Eric Wilson) are online at: http://invention.docblaster.com/screenshots.html

• OurSystem-Dec2001.jpg - A jpeg screenshot (slightly fuzzy due to compression) of the inventor's patent-pending product, as it was in December 2001, as disclosed to Microsoft back then for use with Office. An announcement about this product will be made soon.
• MS-version.jpg - A screenshot of a very similar-looking technology found in Microsoft Office 2003 Beta 2, displaying the same document.
• Other resources, including a picture of the inventor and a backgrounder on software patents and consumer protection, plus video clips, are at: http://invention.docblaster.com

Or Eric Wilsons patent attorney:
Mark Horsburgh
Fisher Adams Kelly
Phone: +61 7 3229 2655
Fax: +61 7 3221 0597
Email: mhorsburgh@fak.com.au
Website: www.fak.com.au

For independent legal comment:

Concerning IP law and consumer protection contact:
Jill McKeough
Professor and former Head of School,
Faculty of Law,
University of New South Wales
Email: j.mckeough@unsw.edu.au
Website: http://www.bakercyberlawcentre.org/Research_Associates.htm#Jill McKeough

Concerning consumer protection in general contact:
Professor Thomas Wilhelmsson
Vice rector of the University of Helsinki
Phone: 358-9-191 22809
Email: Thomas.Wilhelmsson@Helsinki.FI
Website: http://www.helsinki.fi/oik/tdk/private_law/homepages/thomas_wilhelmsson.html