Analysts warn that many businesses will be hit by the
requirement.
The case, which Microsoft lost in June last year, concerned a
software application invented by Carlos Amado, which linked
Microsoft’s Excel program and Access database through a single
spreadsheet. The inventor had sued for $500 million.
Last week, according to reports, Microsoft began informing
clients that they would have to install Microsoft Office 2003
Service Pack (SP) 2 for any future deployments of Office
Professional Edition 2003 and Office Access 2003. They would also
have to install the Microsoft Office XP SP3 Patch for all future
deployments of Office XP Professional and Access 2002.
Microsoft also requested that its clients update all current
installations of Office Professional Edition 2003 and Office Access
2003 with Office 2003 SP2, and Office XP Professional and Access
2002 with the Office XP SP3 Patch.
In an advisory issued last week, Gartner analysts Michael Silver
and Alexa Bona warned that while few firms were likely to be in the
process of deploying Access 2002 or 2003, refreshing or re-imaging
PCs – which takes place frequently within firms – could be
construed as a new installation.
According to analyst firm AssetMetrix Research Labs, around 22%
of installs will be affected by the need to make changes. The firm
had carried out a study of around 600,000 PCs running various
versions of Office.
This presents firms with a problem because there is a risk,
according to Gartner, that if firms do not make the changes when
they are technically obliged to, they will no longer be covered by
Microsoft’s guarantee against patent infringement liability.
Gartner therefore advises that firms:
- Check that all relevant applications will work with the new
code.
- Use a version of the software without Access for those users
who have no need for Access’ database functions.
- Be aware that to simply install the patches without testing may
result in malfunctioning applications, although it will avoid the
legal risk.
- See if Microsoft will provide free or cheap consultation to
help.
- Ask if Microsoft will issue a patch for SP1, which would be
easier to test and install than a whole new Service Pack. Many
firms are still running the older version of the software.
- Speak to a lawyer if unable to comply.