merchant@dartvax.UUCP (Peter Merchant) (05/08/87)
I heard the best rumour today. According to some magazines, Microsoft paid Apple some under-the-table money in order to use the Macintosh "look-and-feel" in it's Microsoft Windows product. (No, that's not the rumour.) Well, if you're up on the IBM world, IBM has announced it's new machines and it's new operating system, OS/2, for it's new machines. Microsoft will build it and will also market a version for other AT-class PCs. One of the better parts of OS/2 is "The Presentation Manager" which gives you an almost Macintosh-like environment. From the articles I've seen (and the pictures in the papers) it is based heavily on Microsoft Windows. Enter Apple's Lawyers. Microsoft paid cash to use the Macintosh "look-and-feel" in Windows, but not in any other products, according to the rumour source. Therefore, Apple plans to sue somebody (IBM? Microsoft? Both?) for this blatant theft of their intellectual property. This I gotta see. Does it go to court? Does it get settled out of court? Does Apple emerge victorious? Does Apple get tromped on? Anyone have any further information? This looks like it could be a good trial! I wonder if the networks will carry it live. It'll probably be better than the Iranscam hearings. Get your popcorn ready! -- "He knows that something somewhere Peter Merchant (merchant@dartvax.UUCP) has to break."
darryl@ism780c.UUCP (05/12/87)
in Article 2843 of comp.sys.mac merchant@dartvax.UUCP (Peter Merchant) writes: >I heard the best rumour today. > >According to some magazines, Microsoft paid Apple some under-the-table money >in order to use the Macintosh "look-and-feel" in it's Microsoft Windows >product. (No, that's not the rumour.) > >Well, if you're up on the IBM world, IBM has announced it's new machines and >it's new operating system, OS/2, for it's new machines. Microsoft will build >it and will also market a version for other AT-class PCs. One of the better >parts of OS/2 is "The Presentation Manager" which gives you an almost >Macintosh-like environment. From the articles I've seen (and the pictures in >the papers) it is based heavily on Microsoft Windows. I've just done some investigation of this subject for a class, and while I'm not a lawyer and we're obviously working from a speculative base without much information, you're right--this is facinating. With the recent decision in the Broderbund case, there is a precedent for copyrighting menus and input specifications as an audiovisual work. Furthermore, Apple may have other grounds for a copyright suit if MS Windows "encourages" the programmer to follow the same kind of skeleton that Apple "suggests" Mac programmers use. The Jaslow case of last year allows the structure of a program to be copyrighted as a literary work. (I know that copyright is supposed to protect the expression and not the underlying idea, but the courts have been giving very liberal interpretation as to what is copyrightable.) On the other hand, IBM is **very** big, and they have an army of lawyers. This can make a tremendous difference in the kind of justice meeted out. Witness the way IBM chewed up and spat out the Justice Dept., as well as CDC 15 years ago. Why would Apple want to spend all that money they have in the bank on fees? Besides, it would appear that Microsoft is the culprit here; they stole Apple's property and sold it to IBM. While MS is no small pickin's, they're much more to Apple's scale. If Apple could get an injunction against distribution, it would hang up IBM's delivery. Or, Apple could just forget it. Under trademark law, the owner is required to fight to keep his trademark. Not so with a copyright; it remains in force regardless of how well it has been defended in the past. Apple may decide to opt for selective justice, since MS is one of the biggest software suppliers to the Mac and the ][. How would you call it? "The first thing we'll do, let's kill all the lawyers." -- William Shakespeare --Darryl Richman, INTERACTIVE Systems Corp. ...!cca!ima\ >-!ism780c!darryl ...!sdcrdcf/ The views expressed above are my opinions only.