Lawsuit Could Have Major Impact on the development of Screen Reader Software

On July 15 2008, Freedom Scientific, (FS), filed suit against GW Micro, (GW), for patent infringement. FS is claiming that GW violated an FS patent relative to web page placemarkers in its release of version 7 of Window-Eyes. JAWS which is manufactured by FS and Window-Eyes are the two most popular screen reading software programs on the market.

Web placemarkers allow the users of JAWS and Window-Eyes to insert a kind of bookmark into individual web pages. This can be very useful for quickly and efficiently finding information on complicated web pages. For example, I am a baseball fan and like to check on the standings; that is, how is my team doing relative to the other teams. I can insert a bookmark that will take me directly to the spot on the page where the standings appear with one keystroke assuming that I am on the correct page. This function might also be useful for checking on stock prices, particular sections of a newspaper, etc. JAWS has offered this function since version 7, (the latest JAWS version is number 9). For the first time, Window-Eyes is offering this function in its latest release.

Has GW violated an FS patent? This is a question for the courts to decide now that a suit has been filed. This blog will not venture an opinion as to the merits of the claim in question. Rather, I wish to express concerns over the possible negative impact that claims of this type could have on the screen reader market.

There is no doubt that the screen reader market is a very small market relative to the large market of computer users. Blindness is classified by the United States government and the American Foundation for the Blind as a low-incidence disability. AS technology evolves, companies like FS and GW attempt to make ever-more visually oriented software accessible to blind persons. Software development requires a tremendous expenditure of resources.

AS more and more blind persons seek to enter the workforce, some of them bump up against databases and other software that is either not accessible or marginally accessible. Then, these consumers look with hope toward FS and GW to improve their screen readers so as to bridge this accessibility gap. IF screen reader developers resort to lawsuits to settle their differences, this will hinder innovation. Screen reader developers will feel the need to hire more lawyers as a hedge against possible future lawsuits. This would divert resources away from software development.

The worst-case scenario here is that one of the small number of companies that sell and manufacture aids and appliances for the blind including software developers could be driven out of business by lawsuits of this type. Keep in mind that FS is a much larger company than is GW. Dr. Ronald E. Milliman, Professor of Marketing at Western Kentucky University puts it this way. “Since we are a very small market, relatively speaking, and since there is a very limited number of firms competing for our business, the demise of just one of the major producer/suppliers, such as Freedom Scientific, GW Micro, or HumanWare, for instance, could radically upset the juxtaposition of the entire market balance, and substantially and very adversely effect the repertoire of products available to us from which to choose.” Joe Lazzaro, Accessibility Director for the Massachusetts Information and Technology Division expressed similar concerns. Before taking this position in 2006, Joe was Director of the Technology program for the Massachusetts Commission for the Blind for over 15 years. He is a respected expert on access technology and has written books on the subject. He would rather see software developers concentrate their resources on improving accessibility of computers for blind and visually impaired persons.

All of this makes me dream once again of universal design. I am still looking forward to the day when we blind folks can go out to a store, or go to the internet, buy a new computer, open the box, plug it in, change a couple of settings and listen to the computer speak all of its functions. For more on my dream of universal design, go to the carroll center blog article on AT&T and universal design. Well, it’s past time for me to get my head out of the clouds and re-enter the real world which includes too many companies who are too quick to sue their competitors.