aaker@Apple.COM (Mark Aaker) (12/16/89)
December 15, 1989
Apple Claims Xerox Suit Is Unfounded
Apple has examined the allegations of a suit filed yesterday by Xerox
Corporation challenging the validity of Apple's copyrights covering the Lisa
and Macintosh computers' graphical user interfaces. Although the suit makes
claims for unlawful use of copyrighted Xerox software and charges Apple with
copyright "misrepresentation", Xerox makes no allegations of copyright
infringement. Apple believes the claims are entirely without merit, and
intends to vigorously contest them in court.
"The allegation that Apple's Lisa and Macintosh copyrights are not valid
is completely unfounded," said Edward Stead, vice president and general
counsel. "For years, Apple has made significant investments in research and
development to create its unique graphical user interface. We believe our
works are wholly original, and that the copyrights we now possess were
properly granted by the U.S. Copyright Office."
In the Xerox complaint, it is alleged that the Lisa interface, introduced
in January 1983, and the Macintosh interface, introduced in January 1984,
unlawfully incorporate "material" developed by Xerox in the late 1970s and
early 1980s. Xerox seeks to invalidate Apple's copyright registrations on
the Lisa and Macintosh programs because it claims that they
"overlap" with the Xerox Star copyright registrations.
The complaint does not, however, charge Apple with infringement of Xerox's
copyrights or other intellectual property rights. Nor does the complaint
explain why Xerox is now raising these claims, almost seven years after the
Lisa was first introduced.
"Xerox's claims seem to confuse audio-visual expression, which can be
granted copyright protection, with ideas that are unprotectable," said Stead.
"It also contains numerous inaccuracies about the Lisa and Macintosh
developments."
Stead further said that the allegations raised in Xerox's complaint are
similar to defenses raised by Microsoft Corporation and Hewlett-Packard in
Apple's copyright infringement case, which also is pending in Federal Court
in San Francisco. Apple intends to prove that those defenses are equally
unfounded and that its Lisa and Macintosh copyrighted works are original and
valid.
Apple, the Apple logo, Lisa and Macintosh are registered trademarks
of Apple Computer, Inc.
.
srp@modcomp.UUCP (12/17/89)
> "The allegation that Apple's Lisa and Macintosh copyrights are not valid > is completely unfounded," said Edward Stead, vice president and general > counsel. "For years, Apple has made significant investments in research and > development to create its unique graphical user interface. We believe our > works are wholly original, and that the copyrights we now possess were > properly granted by the U.S. Copyright Office." Considering the number of articles (and at least one book) that have been published that say that Jobs saw the interface Xerox created and duplicated it at Apple, I doubt Xerox will have any trouble proving that Apple the gui. It will be very interesting to see of Steve Jobs testifies in this case. Be a heck of a way for him to get back at Apple, eh?
moriarty@tc.fluke.COM (Jeff Meyer) (12/19/89)
In article <37311@apple.Apple.COM> aaker@apple.com (Mark Aaker) writes: >Apple Claims Xerox Suit Is Unfounded What a surprise! :-) Now what I *really* would have enjoyed is something in the Perry Mason vein, i.e. Apple legal counsel getting up in front of the courtroom and saying: "Regarding the allegations that have been brought against us, we admit that an Apple representative was soley responsible for this area, and is guilty as charged..." [Gasps in the courtoom] "...and his name is Steve Jobs." [Pandemonium reigns] ======= If you've got a flame, don't take it to the net. Take it to court. ****** STUPID PEOPLE'S COURT!! ****** ============================================================================ "You know what I wish? I wish all the scum of the Net had one throat and I had my hands about it." -- Rorschach (1985) Judge Moriarty Wapner Stupid People's Court INTERNET: moriarty@tc.fluke.COM Manual UUCP: {uw-beaver, sun, hplsla, thebes, microsoft}!fluke!moriarty DISCLAIMER:The ideas, opinions and implied snide remarks used above do not necessarily represent the views of my employers. They are entirely out of my dark and furtive imagination.
omh@cs.brown.edu (Owen M. Hartnett) (12/20/89)
In article <13362@fluke.COM> moriarty@tc.fluke.COM (Judge Moriarty Wapner) writes: >In article <37311@apple.Apple.COM> aaker@apple.com (Mark Aaker) writes: >>Apple Claims Xerox Suit Is Unfounded > >What a surprise! :-) > >Now what I *really* would have enjoyed is something in the Perry Mason vein, >i.e. Apple legal counsel getting up in front of the courtroom and saying: > > "Regarding the allegations that have been brought against us, we admit > that an Apple representative was soley responsible for this area, and > is guilty as charged..." > > [Gasps in the courtoom] > > "...and his name is Steve Jobs." > > [Pandemonium reigns] Actually, I think Perry would have something like this: Apple: Alright, I did it. I DID IT. Xerox pulled a knife, he was coming at me, so I took out my gun. I didn't mean to shoot him, but, but... Perry: So you grabbed the source code and ran! Is that right?? Apple: (In tears) Yes, yes. There was no point in just leaving it there. I mean, somebody had to use it, right? [Later, in Perry's office, after Apple is led away by the bailiff] Paul Drake: Well, what tipped you off, that it was Apple that did it? Perry: Well, it was apparent right away. Didn't you notice that Apple used a Xerox copier?? [Shot of Corpus Jerus Secondum volumes with Perry's theme.] Next week: Case of the Stolen Xerox Employees. Owen Hartnett omh@cs.brown.edu.CSNET Brown University Computer Science omh@cs.brown.edu uunet!brunix!omh "Don't wait up for me tonight because I won't be home for a month."