[comp.sys.apple] Apple Sues Microsoft/HP Discussion

kf@MITRE-BEDFORD.ARPA (03/25/88)

[ This is a long discussion which belongs more in Info-mac than Info-apple but
  since the reactions to the Apple suit are on this newsgroup, here goes  ]

I've read much of what has gone by on this newsgroup regarding the Apple suit
and much of it sounds uninformed, reactionary, and is fairly useless sarcasm.
Except for a few, I doubt many of those making these comments have used either
the Mac, Windows, or other windowing systems.  So before all of you jump on
the bandwagon and condemn Apple for its suit against Microsoft and
Hewlett-Packard, I think we should attempt to learn more about exactly what
Apple is and is not trying to defend.

First of all, this action by Apple is not some spontaneous emotional reaction.
I'm certain that Apple has carefully planned its approach and calculated what
the costs and benefits of this suit are.  This is not something done lightly.
(Don't you think the Apple Board of Directors had to agree to do this?)

First, whether right or wrong, we could tell this was coming: it's Apple
corporate policy.  Jean-Louis Gassee's speech at MacWorld Expo in January on
protecting and controlling the use of proprietary "technology" and not
licensing the "crown jewels" just confirmed the corporate policy, which was
first displayed by Apple's previous actions against DRI and Microsoft.
Apple's refusal to use Display Postscript in its computers is just another
example.  Apple did license Postscript from Adobe for use in its laser
printers, probably because QuickDraw wasn't ready (and maybe because it
planned to buy Adobe??).  But the difference here is one between the computer
and a peripheral.  The peripheral is not the core of Apple (excuse the pun).

So what has Apple to gain and what has it to lose?  If Apple wins, it slows
down the development of the Presentation Manager (PM), assuming that PM is
being developed around the concept and technology behind Microsoft Windows.
But in any case, win or lose, the PM will probably get developed; it will just
be more like other windowing systems, maybe the MIT X-Window System, Sun NEWS,
or another workstation window system (Symbolics, Apollo, etc).

And that's the point Apple is trying to make: what's the difference between
X-Window or NEWS, and Windows/HP New Wave that would cause Apple to sue
Windows/New Wave and not any other window technology manufacturer?  If you
have used both a Mac (or IIGS) and a Sun, you can clearly distinguish between
the two interfaces.  (I've used a Mac, Sun, and PC with Windows, but not any
machine with X-Window or New Wave.)  It's hard to point out exactly what is
different between the Mac and Sun: although both use a graphical interface
consisting of windows, icons, menus, etc., and a "point and click" mouse; the
steps you take, the process of accomplishing a task differs.  Can we really
say the same about Windows?  Does not Windows seem to be a duplicate of the
Mac/IIGS Toolbox/System/Finder, with some slight changes such as the location
of icons, character-oriented text, different menu operation, and some added
functionality but built onto the same basic "concept/idea"?

Next, we don't see Apple suing all the companies that write applications
under Windows (though they may in the future??).  What's different about New
Wave than other applications?  Well, based on the HP ads, New Wave is not
an application like a spreadsheet or a word processor, but it's an application
that acts as an environment like the Mac Finder.  From the HP ad itself: "An
application environment based on MS-DOS and MS Windows 2.0 that lets your
people access, manipulate and share information throughout the system.
Effortlessly.  By means of simple, intuitive icons.  Pull-down menus.  A
"mouse." And a common interface across workstation applications."

Apple is not suing over a particular implementation of menus (pull-down), or
windows (scroll bars, elevators), or icons (trash cans, documents, folders) or
the mouse, but rather it is suing over the "Apple Desktop Interface", as it
has come to be known.  It is saying that the resulting audiovisual interface,
which embodies the Apple concept, in the Mac (and IIGS) graphical interface
implementation is being used by Microsoft and HP.  Microsoft (and DRI) has
acknowledged that much by licensing parts of this interface from Apple.  In
summary, there are many ways to conceive and implement a graphical interface
as evidenced by those developed by workstation manufacturers and Apple is
saying that the Windows/New Wave combination is not any different in concept
(as represented by its implementation as an audiovisual product) than its own.

True, Apple took many parts (menus, icons, windows) of the graphical interface
from Xerox PARC and its implementation on the Star.  Did Apple's subsequent
implementation on the Lisa use the same graphical system concept that was
present in the Star?  I haven't used a Star so I don't know.  Many have said
that Apple has built enough upon the original Xerox interface to distinguish
the two.  Others say that Apple bought the rights.  I don't know, but if
neither is true, then sure, Xerox could sue Apple.  But that's Xerox's
prerogative, not Apple's.  Does Apple lose its right to defend what it
believes is its concept just because Xerox doesn't sue?

Okay, back to what happens if Apple loses.  If Apple loses, it opens the way
for others to build graphics interfaces similar to (and even based upon) the
Apple interface.  And it probably opens the way for further lawsuits, which
can be "good" if and only if it further clarifies what the copyright laws mean
in terms of software, intellectual property, and audiovisual interface.  But
that is precisely the reason why Apple is suing now.  It needs to know what it
can protect and what it can't.  It makes a difference in corporate direction
and strategy.  Look at it from Apple's point of view.  If Apple does nothing,
others will build interfaces similar to Apple's anyway.

It is clear that Apple doesn't intend to get into the PC commodity business.
It's not going to be the quickest to build the fastest and cheapest hardware.
That gets you as far as a clone maker.  Apple is a company that claims to sell
"systems".  If a systems company wants to have long-term success, not only
must it be competitive in terms of the basics such as service, quality and
reliability, it must add something of distinct value (whether real or simply
perceived) to its "system" in order to differentiate it from all the others.
If it can't do that, its in the commodity business.

Apple differentiates its "systems" from those of competitors through their
interfaces.  The Mac is not so much defined by its hardware or its software,
but instead by its interface concept (which is a result of the hardware and
software implementations).  It doesn't claim to have the fastest or the
cheapest hardware, but it does claim to have an easy-to-learn and easy-to-use
graphical system interface.  Take away the interface, and Apple has a computer
that may be no better than any other.  Let a competitor have the same
interface (not necessarily the same software) and Apple gets into the hardware
commodity business.  OR Apple will need to become basically a software company
and become the first to improve on its software in order to distinguish it
from its competitors by adding functionality or speed, or lowering cost.

At this point, I know people will say but that's the American way - that's
what competition is all about.  Yes, it is the American way, but Apple says
develop and implement your own graphical interface concept and then we'll
compete.  If you believe that Windows/New Wave is sufficiently different IN
CONCEPT and implementation, then you will find Apple to be the loser in its
suit.  (Nobody is claiming that the code implementation for Windows/New Wave
is similar to Apple's.  We all know there are many ways to accomplish the same
result with different code.)  But Apple says that Windows/New Wave is not
different in concept, though it may differ cosmetically in implementation.  As
evidenced by the interfaces of other workstation companies such as Sun and by
the X-Window System, Apple does not claim nor does it have a monopoly on
graphical interface systems concepts or implementations.

So now we get to the basic legal question: Can you protect such a concept (and
in this case, its resulting visual interface) through copyrights and patents
of the implementation?  Or can you only protect specific code, in which case
you can't really protect the concept?  This is what Apple wants to know.
This is what the courts will decide.  I have yet to decide myself.  I have
read what people have written and most of it has been useless with regards to
making an informed decision.

Let's look at some other issues.  Everyone talks about the stifling of
creativity and innovation.

Well, if someone was really innovative, they would come up with a completely
new graphical system interface, not like the Mac, that would be much better
than the Mac.  There are many other ways.  Do you see Sun saying the Mac way
is better?  What about X-Window?  The Mac interface is not the be-all and
end-all.  I've seen some better methods of operation on other workstations
than the Mac way.  Taking the Mac interface, shifting some things around, and
porting it to another CPU is not my idea of creativity or innovation.

If someone was innovative, they would add something new to the interface, but
this already happens in terms of add-on products, utilities, desk-accessories,
and even in applications in the Mac world.  For example, Andy Hertzfeld, an
original but no longer a member of the Mac team continues to add new ideas and
programs to enhance the Mac interface.

Well, now that I've had my two (well, ten) cents worth, I get to hear everyone
else's reasoned replies.  Thanks for bearing with me.

Kevin (kf@mitre-bedford)
<usual disclaimers>

ram%shukra@Sun.COM (Renu Raman, Taco Bell Microsystems) (03/27/88)

In article <8803251409.AA17752@mitre-bedford.ARPA> kf@MITRE-BEDFORD.ARPA writes:
>
>First, whether right or wrong, we could tell this was coming: it's Apple
>corporate policy.  Jean-Louis Gassee's speech at MacWorld Expo in January on
>protecting and controlling the use of proprietary "technology" and not
>licensing the "crown jewels" just confirmed the corporate policy, which was
>first displayed by Apple's previous actions against DRI and Microsoft.

    Just a comment associated with that.  Apple would like to 
    get a fix on "what is copyrightable" and send a message to 
    all PC manufacturers to stay off the Mac interface.  If not,
    it will be no time before a clone from Taiwan/Japan with Mac look
    alike Windows will be at your doorstep thereby eroding into
    apple's market share in that segment.  This is particulary
    true when the above statement by Gasse, has been very widely
    beleived to be an indirect reference to Sun Licensing its
    RISC processor technology - esp. to offshore companies.

DISCLAIMER: All statements made here are my own. It does not 
reflect my company's opinion