[net.micro.mac] Apple suing people, protection of ideas

brad@looking.UUCP (Brad Templeton) (10/14/85)

I'm no Apple fan, but I am not so sure it is a good idea to jump to
conclusions here.  What's the essence of this issue?  When GEM came out,
it was clear to everybody, and even openly said, that it was a "mac-like"
interface.  Now, if this is the case, doesn't Apple deserve some reward
(aside from flattery) for making something that somebody else copied?

Does a line of code have to be stolen for an idea to be stolen?

Now Apple is persuing this in the only way the law really provides, which
is copyright.  It's the same sort of thing as Pacman.  The owners of Pacman
copyrighted the image of the Pacman - you can copyright (and sometimes
trademark) pictures.  The sued clone makers for using that same image.

Now it's clear that the GEM window is an attempt to emulate the Mac screen,
so that's what they're going after.  So they win on "look" although probably
not on feel.

Now of course Xerox is another story.  But the Mac doesn't use the same
sort of pictures as Xerox products like the star, and the Mac certainly
wasn't claiming to be "like a Xerox".


Now if Apple tries persuing claims to general ideas like "windows",
"menus" and "pointing" that is another story.  Their pull-down menu patent
won't really survive.  But this doesn't mean that you can try and copy their
screen and not have to pay them some due.
-- 
Brad Templeton, Looking Glass Software Ltd. - Waterloo, Ontario 519/884-7473

wjh@bonnie.UUCP (Bill Hery) (10/15/85)

I believe the basis of the current Apple suit is that Jobs was planning
the new venture and recruiting Apple employees while he was still
an Apple employee, in fact still the Chairman of the Board at Apple.

dave@circadia.UUCP (David Messer) (10/16/85)

> Now, if this is the case, doesn't Apple deserve some reward
> (aside from flattery) for making something that somebody else copied?

Don't forget the Apple stole most of the ideas in the mac (as well
as quite a few engineers) from XEROX-PARC.  Should XEROX sue Apple?

> Now of course Xerox is another story.  But the Mac doesn't use the same
> sort of pictures as Xerox products like the star, and the Mac certainly
> wasn't claiming to be "like a Xerox".

No, Apple claims to have invented it all themself.  Many people
believe them.

As far as looking like XEROX, take a look at some of the icons and
compare them to the STAR.
-- 

David Messer   UUCP:  ...ihnp4!circadia!dave
               FIDO:  14/415 (SYSOP)

usenet@ucbvax.ARPA (USENET News Administration) (10/17/85)

In article <583@bonnie.UUCP> wjh@bonnie.UUCP (Bill Hery) writes:
>I believe the basis of the current Apple suit is that Jobs was planning
>the new venture and recruiting Apple employees while he was still
>an Apple employee, in fact still the Chairman of the Board at Apple.

Yes, I'm sure that Jobs was planning a new venture once he got cut out of
Apple (in fact, if not quite yet in words).  For quite some time Jobs was
Chariman in name only, w/out any real powers.  Doubtless he wasn't really
happy in that capacity, and started thinking about a new venture.  He offered
to resign, then told some of his personal friends at Apple about his venture
and asked them if they were interested, then tried a second time to resign.

And Apple is sueing him because, as "chariman", he attempted to "steal away
employees for a personal venture, in the corporate posistion he was in".
I find this act by Apple pretty tactless and infantile.

Peter Korn
korn%ucbcory@Berkeley.ARPA

P.S.  In no way do I support Job's actions re: the Macintosh project; however
      that doesn't give Apple liscence to act in their current vengeful way.

ems@amdahl.UUCP (ems) (10/17/85)

> I believe the basis of the current Apple suit is that Jobs was planning
> the new venture and recruiting Apple employees while he was still
> an Apple employee, in fact still the Chairman of the Board at Apple.

It is also the case the Coporate Officers have more duties to the
company and fewer rights than the average employee.  This is called
Feduciary Duty (I hope that is spelled close to right...).

As a corporate officer, if Jobs did *ANYTHING* to diminish the
competitiveness and income of Apple, he would be failing in this
duty.  At that point he could be fired and/or sued.  The fact that
he owns a large block of the stock does not diminish his duties
to the other stockholders.
-- 

E. Michael Smith  ...!{hplabs,ihnp4,amd,nsc}!amdahl!ems

'If you can dream it, you can do it'  Walt Disney

This is the obligatory disclaimer of everything. (Including but
not limited to: typos, spelling, diction, logic, and nuclear war)

bill@crystal.UUCP (10/18/85)

>                                             For quite some time Jobs was
> Chariman in name only, w/out any real powers.  Doubtless he wasn't really
> happy in that capacity, and started thinking about a new venture.  He offered
> to resign, then told some of his personal friends at Apple about his venture
> and asked them if they were interested, then tried a second time to resign.

I'm getting a little tired of this.  I'm sure we can all cheer for the
guy who started Apple in the garage with Woz, but we've all gotten a little
older and (I hope) wiser since then.

When you are on the board of a corporation (chairman, in fact), you are
in the same position of responsibility to the shareholders as a bank
trust officer is to the people that have money entrusted to him.  There
is a higher standard of behavior required, BOTH ethically and legally.
If Jobs wants to take his money and go home, fine.  Remember, he
sold a LOT of his stock.  If he wanted to run Apple forever, maybe he
shouldn't have sold ANY of his original stock.

Any adult (over 18, at least) who 'tries to resign' and can't is not
competent; therefore, I find it hard to believe the posting quoted above.

The ethical thing to do (and even that is borderline in some circles)
is to resign, then do your plannin when you're no longer an employee
or in another position of trust. ('fiduciary responsibility', if you like
long words).  Jobs did not do that, and as a consequence I have little
respect for him.

I hope Apple Computer nails him to the wall.

Oh yes, I'd be interested in any reasoned replys.  Flames to /dev/null,please.

	bill


-- 
	William Cox
	Computer Sciences Department
	University of Wisconsin, Madison WI
	bill@wisc.crys.edu
	...{ihnp4,seismo,allegra}!uwvax!bill

korn@ucbcory.BERKELEY.EDU (Peter "Arrrgh" Korn) (10/19/85)

In article <516@crystal.UUCP> bill@crystal.UUCP writes:
>>                                             For quite some time Jobs was
>> Chariman in name only, w/out any real powers.  Doubtless he wasn't really
>> happy in that capacity, and started thinking about a new venture.  He offered
>> to resign, then told some of his personal friends at Apple about his venture
>> and asked them if they were interested, then tried a second time to resign.
>
>I'm getting a little tired of this.  I'm sure we can all cheer for the
>guy who started Apple in the garage with Woz, but we've all gotten a little
>older and (I hope) wiser since then.
>
>When you are on the board of a corporation (chairman, in fact), you are
>in the same position of responsibility to the shareholders as a bank
>trust officer is to the people that have money entrusted to him.  There
>is a higher standard of behavior required, BOTH ethically and legally.
>If Jobs wants to take his money and go home, fine.  Remember, he
>sold a LOT of his stock.  If he wanted to run Apple forever, maybe he
>shouldn't have sold ANY of his original stock.
>

Unless I'm reading my articles wrong, Jobs got fed up with his "position of
responsibility" which gave him as much power as any other glamorous figurehead,
and over time decided to get out.  Yes, there is definitely a higher standard
of behavior that is required; but I too would be pretty dizzy after people
who I thought (admitedly though my own blindness) fully supported me cut
me off from my own corporation.  John Scully fully knew that Jobs might well
start a company on his own, and draw away a number of important/key engineers
at Apple to start this new company.  If this happened while Jobs was in such
an important position of *power* as the *chairman* of Apple (with the job of
keeping hands off everything), then it's a legal loophole in Apple's favor,
but who's morals are to be questioned here?

In no way does my heart to out to "poor, naive Jobs", don't get me wrong there.
I'm just disappointed that Apple is so bloodthursty to sue Jobs for something
they knew he would do when the took Apple away from him. They have the 
company, what the hell else do they want? Revenge for not making the Mac the
way they wanted it to be made? 
>
>I hope Apple Computer nails him to the wall.
>
I hope you find the new Apple more satisfying; I daresay we'll have a bit less
frustration and anger.

Peter Korn
cc-20%ucbcory@Berkeley

None of the above opinions/ideas/expressions/mannerisms/etc. are those of
whoever I might supposedly be representing (except possibly myself, of course).
And even then, there's some room for doubt!

jimb@amdcad.UUCP (Jim Budler) (10/20/85)

In article <10717@ucbvax.ARPA> korn@ucbcory.UUCP (Peter "Arrrgh" Korn) writes:
>>
>>When you are on the board of a corporation (chairman, in fact), you are
>>in the same position of responsibility to the shareholders as a bank
>>trust officer is to the people that have money entrusted to him.  There
>>is a higher standard of behavior required, BOTH ethically and legally.
>>
>and over time decided to get out.  Yes, there is definitely a higher standard
>of behavior that is required; but I too would be pretty dizzy after people
>
>me off from my own corporation.  John Scully fully knew that Jobs might well
>start a company on his own, and draw away a number of important/key engineers
>at Apple to start this new company.  If this happened while Jobs was in such
>an important position of *power* as the *chairman* of Apple (with the job of
>keeping hands off everything), then it's a legal loophole in Apple's favor,
>but who's morals are to be questioned here?
>
>I'm just disappointed that Apple is so bloodthursty to sue Jobs for something
>they knew he would do when the took Apple away from him. They have the 
>company, what the hell else do they want? Revenge for not making the Mac the
>way they wanted it to be made? 
>>
A stockholder suit is no fun, and I'm sure that Apple's lawyers told
Scully, et all, 'If you don't sue him for this violation of his fiduciary
responsibility, some stockholders will sue him, AND YOU.' or words to
this effect.

A practical reason also, with the suit holding up whatever Jobs is doing
it's unlikely any more people will jump ship to go there.  Meanwhile,
conditions at Apple will stabilize and people who might have followed Jobs,
might decide Apple was still a good place to work.

So take your pick, neither of these reasons is 'bloodthirsty' and there are
thousands of non-bloodthirsty reasons out there.  Pick your own, I'm
sure Apple has a reason of their own.

As far as suits go, I'VE always wondered why Woz didn't sue Jobs over the
resraint of trade issue when Jobs told Frog Designs they couldn't work
for Woz.  He's too nice maybe?

-- 
 Jim Budler
 Advanced Micro Devices, Inc.
 (408) 749-5806
 UUCPnet: {ucbvax,decwrl,ihnp4,allegra,intelca}!amdcad!jimb
 Compuserve:	72415,1200

"... Don't sue me, I'm just the piano player!...."

ravi@eneevax.UUCP (Ravi Kulkarni) (10/21/85)

In article <184@circadia.UUCP> dave@circadia.UUCP (David Messer) writes:
>> Now, if this is the case, doesn't Apple deserve some reward
>> (aside from flattery) for making something that somebody else copied?
>
>Don't forget the Apple stole most of the ideas in the mac (as well
>as quite a few engineers) from XEROX-PARC.  Should XEROX sue Apple?
>
>> Now of course Xerox is another story.  But the Mac doesn't use the same
>> sort of pictures as Xerox products like the star, and the Mac certainly
>> wasn't claiming to be "like a Xerox".
>
>No, Apple claims to have invented it all themself.  Many people
>believe them.
>
>As far as looking like XEROX, take a look at some of the icons and
>compare them to the STAR.

Somebody correct me if I am wrong, but doesn't XEROX sell the AT&T PC
running GEM as their low end office automation machine? If true
apparently XEROX doesn't give much validity to Apple's copyrights, 
patents, etc.




-- 
ARPA:	eneevax!ravi@maryland
UUCP:   [seismo,allegra]!umcp-cs!eneevax!ravi