End Users Beware: Microsoft Developer Tool May Help Transmit Potential IP Dependency Risks
Programmers using one of Microsofts latest tools could potentially embroil innocent end users of new applications in future intellectual property disputes - unless Microsoft's final product differs markedly from a Beta version. The warning relates to a Visual Studio 2005 Beta, distributed to tens of thousands of third party programmers through the Microsoft Developer Network (MSDN).
(PRWEB) December 13, 2004 -- Programmers using one of Microsofts latest application development tools could potentially embroil both themselves and innocent end users of new applications in future intellectual property disputes - unless Microsoft's final release product differs markedly from a Beta version. IT Journalist and Software Inventor Eric Wilson issued the warning after testing a Visual Studio 2005 Beta, distributed to tens of thousands of third party programmers through the Microsoft Developer Network (MSDN).
Microsoft's Visual Studio product range is used by millions of corporate and independent programmers to make new end user computer programs. It is not uncommon for such applications to be built with the help of beta test development tools as well. But during a 2005 Beta version set-up, the following "Office Dependency Warning" notice appeared:
"...You must install an edition of Microsoft Office 2003 that supports Visual Studio Tools for Office. You must also install the necessary Office 2003 primary Interop assemblies."
To be fair, Mr. Wilson believes Microsoft's warning should also have disclosed any potential intellectual property risks such a dependency might cause; for at least one feature in Office 2003 bears a striking resemblance to a disclosure provided to Microsoft by the Software Inventor in December 2001. At that time, two patent applications were also filed to protect the technology. These International patents pending have already proceeded to the national phase in the United States, Australia and New Zealand. A Canadian application is currently being prepared.
If third party developers and end users are happy to run against the potential risk of patents pending thats their choice -- albeit possibly a bad one," Eric Wilson says. But it's objectionable if Microsoft is deliberately leading people on to this adversarial path without first telling them about it."
Every effort was made to resolve the issues with Microsoft first - before taking these concerns to the market. But almost two years after the Software Inventors disclosure, lengthy correspondences with Microsofts Legal and Corporate Affairs (LCA) department proved utterly fruitless. So on October 9 2003, the company was sent a 'Notice of Consumer Risk to Customers. The substance of this seems to have been all but ignored, including when brought to LCAs attention again on November 2, 2004 in the context of using the Visual Studio 2005 Beta to make new programs. In the normal course of events, many of these will be compiled in the release product next year and transmitted on to end users.
Microsoft LCA claims public prior art exists which makes their Office 2003 and dependent Visual Studio products legitimate" Eric Wilson says. Yet they refuse to disclose where it might be found or submit their reasoning to public scrutiny. We believe Microsofts customers and developer community deserve much better disclosure information than this."
A Microsoft subsidiary was informed of the Visual Studio 2005 Beta Office dependency issue on October 20, 2004. Perhaps coincidentally, a week later, Microsoft CEO Steve Ballmer promised to expand customer intellectual property indemnification in a widely circulated executive email. However Mr. Wilson says Microsofts new Intellectual Property Indemnification Web page might not fully protect third party software developers, retailers or even end users from all the damage such potential risks might cause.
For more information on intellectual property indemnification, the effects of patents pending, or potential risks with Office 2003, visit http://invention.docblaster.com.
For further information contact:
Eric Wilson
IT Journalist and Software Inventor
+61 (0) 4 2920 0001
ecw@compuserve.com
http://invention.docblaster.com/
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