[gnu.gcc] Apple Employees Please Note

tower@AI.MIT.EDU (Leonard H. Tower Jr.) (06/08/89)

I've heard that a lot of you are unhappy with your company's look and
feel suit, and that you can't quit in protest!

Here's an idea:

Circulate an internal petition protesting the suit.  Only Apple
Employees can sign.  Arrange a meeting with your company's executive
committee.  Present it to them.  Tell them how many of the employees
are unhappy.  Tell them why Apple should drop the suit.  Tell them to
drop the suit.

Needn't publicize it outside, though you can let your friends know
that you took a stand!

And, if Apple is as wonderful a company as it's made out to be, you'll be
respected, not harrassed, for your position.

Non-Apple Employees:

Make sure your friends who work for Apple get a copy of this!

thanx -len 

wrs@apple.com (Walter Smith) (06/15/89)

In article <8906080252.AA02091@wheat-chex.ai.mit.edu> tower@AI.MIT.EDU 
(Leonard H. Tower Jr.) writes:
> Circulate an internal petition protesting the suit.  Only Apple
> Employees can sign.  Arrange a meeting with your company's executive
> committee.  Present it to them.  Tell them how many of the employees
> are unhappy.  Tell them why Apple should drop the suit.  Tell them to
> drop the suit.

Avoiding any comments on The Lawsuit itself, to keep Apple's many lawyers 
off my back, I would nevertheless like to make a meta-comment.

I question the basic premise of the above exhortation.  Look and feel 
copyright is an unclear legal concept.  If The Lawsuit is dropped, it will 
remain an unclear legal concept until someone else brings a suit over 
it (and, presumably, suffers the loss of GNU support, should they be 
unlucky enough to be a hardware manufacturer).  Delaying the process of 
clarification in this way does not seem realistic or productive to me.  
In particular, dropping the suit would do nothing to reduce the threat of 
hypothetical anti-FSF lawsuits.

What matters is what people believe the result of the suit should be (as 
RMS, I think, has already mentioned), not whether people believe there 
should be a suit at all.  The rhetoric of the FSF/LPF and their opponents 
cannot and will not take the place of legal precedent.  The FSF's efforts 
should be devoted (and are, I hope, mostly *being* devoted) to altering the 
outcome of any and all look-and-feel suits; those efforts will be wasted if 
the suits are dropped.

- Walt

[
A personal indulgence follows.  Please read carefully before flaming.

    Opinion: Anyone who thinks a good user interface is less the intellectual 
property of its designer than a system's source code is the intellectual 
property of its author must surely never have designed a particularly good  
user interface.  If the FSF would like to design a GNU user interface and 
copyleft it, that's perfectly valid, and if they influence the Congress to 
amend the copyright law to limit the protection of intellectual property, 
that's valid too, but claiming that a user interface design is not 
intellectual property seems silly.

*** I am not implying the validity or invalidity of any particular claim of
*** copyright infringement.
]

--
Walter Smith                            wrs@apple.com, apple!wrs
Apple Computer, Inc.                    (408) 996-1010
My corporation disavows any knowledge of my activities on the network.

jeffrey@algor2.UUCP (Jeffrey Kegler) (06/15/89)

In article <2376@internal.Apple.COM> wrs@apple.com (Walter Smith) writes:

>    Opinion: Anyone who thinks a good user interface is less the intellectual 
>property of its designer than a system's source code is the intellectual 
>property of its author must surely never have designed a particularly good  
>user interface.

Two points I think might need clarification for some considering this
issue.  First, intellectual property is *not* a fundamental right.  Second,
a field in which intellectual property is non-existent can survive and
thrive.

To take the points in reverse order, my only publication of any
significance is in mathematics.  While I may be able to exercise a
copyright over any clever phrasings, the math itself is not protectable.  I
can prevent someone from claiming he invented it, but I cannot control, or
profit from, another's use of the math.  Yet mathematics survives and
thrives.  If theorems and proofs were subject to some sort of intellectual
property protection, mathematics would become much more difficult.

Now, as for the first point.  The Constitution deals with intellectual
property not in the Bill of Rights, but in Section 8 of Article I, which
enumerates the powers of Congress.  The eighth of these is "to promote the
progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and
inventions."  It is quite clear this is a power of Congress, not a right of
the inventor.  Congress is given a clear quideline as to why this power is
given.  It is *not* to profit the inventor but to "promote the progress of
science and useful arts".  This of course means money for the author or
inventor, but that is only a side effect.  Any privilege granted creates a
lobby for its extension and perpetuation, regardless of the original
purpose of the privilege.  And in justifying extensions of intellectual
property before Congress, its claimants always pretend that they are being
deprived of a right, and treat the public benefit, which is the sole proper
purpose, as a secondary issue, or even an irrelevant one.

A point was raised earlier in this forum that extensions of intellectual
property which do not "promote the progress of science and useful arts",
are, because of this language, unconstitutional.  This may be true in some
ideal sense, but it is clear that it is up to the discretion of Congress to
decide what extent of intellectual property protection is warranted, and it
seems very unlikely any court would choose to overrule the judgement of
Congress.

But we certainly have every chance to influence Congress, and to steer them
to return to the real purpose of intellectual property.
-- 

Jeffrey Kegler, President, Algorists,
jeffrey@algor2.UU.NET or uunet!algor2!jeffrey
1762 Wainwright DR, Reston VA 22090

captkidd@athena.mit.edu (Ivan Cavero Belaunde) (06/16/89)

In article <457@algor2.UUCP> jeffrey@algor2.UUCP (Jeffrey Kegler) writes:
>Now, as for the first point.  The Constitution deals with intellectual
>property not in the Bill of Rights, but in Section 8 of Article I, which
>enumerates the powers of Congress.

The fact that it deals with it in the actual Constitution, and not in an
amendment (a set of which is all the bill of rights is) has no bearing on
whether intellectual property is a right or a privilege.  The right to
vote is not on the bill of rights, and it doesn't make it any less a
"right."

> The eighth of these is "to promote the
>progress of science and useful arts, by securing for limited times to
>authors and inventors the exclusive right to their respective writings and
>inventions."  It is quite clear this is a power of Congress, not a right of
>the inventor.

Actually, the text uses the word "right."  It is quite clear that Congress
has the power to regulate this right, but that does not imply that the
right to intellectual property does not exist.

> Congress is given a clear quideline as to why this power is
>given.  It is *not* to profit the inventor but to "promote the progress of
>science and useful arts".  This of course means money for the author or
>inventor, but that is only a side effect.

A "side effect"?  It is not a side effect, but the actual mechanism by
which "science and useful arts" are promoted.  A few people can work to
develop and extend a field in universities and research laboratories,
where emphasis on finished products is minimal.  By channeling the profit
motive, this provision created an environment whereby people have a
monetary incentive to put time and money in a development effort and
come up with improvements to the field.

> Any privilege granted creates a
>lobby for its extension and perpetuation, regardless of the original
>purpose of the privilege.  And in justifying extensions of intellectual
>property before Congress, its claimants always pretend that they are being
>deprived of a right, and treat the public benefit, which is the sole proper
>purpose, as a secondary issue, or even an irrelevant one.

The constitution literally calls intellectual property a "right."  It
is not a privilege.  It is a right inasmuch as it is a right to own a house
or a car.  I have yet to hear from a lobby for the extension and
perpetuation of intellectual property.  I vehemently disgree with anyone
who believes that intellectual property as a right should not exist.
A person's own creations are as private as any private property can be.
They should certainly be owned by the creator, and in my view, the article
in the constitution simply limits the right of intellectual property
("for a limited time") to allow for the public benefit.  It is paradoxical
to argue that, with the decidedly individualistic bent of the Constitution,
the original intent was for the public benefit to be the main goal of
intellectual property protection.

>A point was raised earlier in this forum that extensions of intellectual
>property which do not "promote the progress of science and useful arts",
>are, because of this language, unconstitutional.

This raises another question: who decides whether look-and-feel copyright
promotes or hinders the progress of science and useful arts?  I think
that some degree of protection is beneficial to progress overall.  The
Macintosh interface is not the be-all and end-all of user interfaces.
What incentives will developers have in 2000 or 2010 to develop improved
user interfaces (voice-recognition/motion detection/3D imaging/whatever)
if their efforts can be legally and easily copied?  As I see it, for the
sake of allowing PCs to work like Macintoshes now, the foundation of
intellectual property protection (the incentive to develop bigger and
better things) is being undermined.  Sure, a few researchers will continue
to develop stuff in "ivory-tower" universities and laboratories, but
it takes the profit motive to go all the way to finished product.  Besides,
university-developed technologies is generally geared towards the needs of
scientists and engineers and not towards the public as a whole.  If
universities and research labs were the only place where development of
technologies was being done, we probably wouldn't have the simple desktop
computer yet.

> This may be true in some
>ideal sense, but it is clear that it is up to the discretion of Congress to
>decide what extent of intellectual property protection is warranted, and it
>seems very unlikely any court would choose to overrule the judgement of
>Congress.

The first part is true.  The second, however, is not.  The Supreme Court
overrules congress in various areas, and it hardly seems likely that
legislation would be precise enough (it hardly ever is) and it falls again
to the courts to precise exactly what is protectable and what isn't.

>But we certainly have every chance to influence Congress, and to steer them
>to return to the real purpose of intellectual property.

Which is to allow people to profit from their efforts.  The public benefit
*is* and *should be* secondary - I don't like Marxist-sounding ideas.

>Jeffrey Kegler, President, Algorists,

-Ivan Cavero Belaunde

Internet: captkidd@athena.mit.edu

krk@cs.purdue.EDU (Kevin Kuehl) (06/16/89)

> A personal indulgence follows.  Please read carefully before
> flaming.

This isn't a flame.  It is just how I see things.

>    Opinion: Anyone who thinks a good user interface is less the intellectual 
> property of its designer than a system's source code is the intellectual 
> property of its author must surely never have designed a particularly good  
> user interface.  If the FSF would like to design a GNU user interface and 
> copyleft it, that's perfectly valid, and if they influence the Congress to 
> amend the copyright law to limit the protection of intellectual property, 
> that's valid too, but claiming that a user interface design is not 
> intellectual property seems silly.

I think your comparision is a good one for the position of not having
a user interface's "look-and-feel" copyrightable.  By my
understanding, if Apple would win this, then I think AT&T would be
able to copyright the unified Input/Output system of Unix.  And
whoever came up with the idea of system calls could copyright those
also.  Why?  Because to me, those are an operating system's interface
and would have the "look-and-feel" of an operating system just like
the Apple "look-and-feel" of its user interface.  And you say yourself
that they both are intellectual property and if I assume correctly,
they are of equal value to you.

This seems quite unpractical, very difficult to retroactively enforce,
and would be very detrimental to progress.  For example, I learned how
to program on the operating system OS-9.  It is a nearly identical
copy to Unix in its high-level operating system interaction.  The main
difference was that it could fit where Unix could not.  If AT&T could
copyright its input/output system and someone else copyrighted system
calls, then really nice pieces of software like this probably would
never see the light of day in the future.  This seems very scary to me
because all I would have to claim is that whatever I invented had a
"look-and-feel" about it and I could copyright that idea and prevent
someone else from selling something similar.

Oh well, just my two cents.
Kevin

nelson@sun.soe.clarkson.edu (Russ Nelson) (06/16/89)

In article <12038@bloom-beacon.MIT.EDU> captkidd@athena.mit.edu (Ivan Cavero Belaunde) writes, in part:

   In article <457@algor2.UUCP> jeffrey@algor2.UUCP (Jeffrey Kegler) writes, in part:

   > The eighth of these is "to promote the
   >progress of science and useful arts, by securing for limited times to
   >authors and inventors the exclusive right to their respective writings and
   >inventions."

   ... [T]hat does not imply that the right to intellectual property
   does not exist.  [The rest of his posting further argues his case.]

The Constitution here dictates the means to be used to promote the
progress of science and useful arts.  It does not grant any rights to
intellectual property.  The Supreme Court and I disagree with your
reading of this passage.
--
--russ (nelson@clutx [.bitnet | .clarkson.edu])
A person who seeks peace using weapons will never find it.  [Thanks, Clayton.]

malcolm@Apple.COM (Malcolm Slaney) (06/16/89)

In article <6939@medusa.cs.purdue.edu> krk@cs.purdue.EDU (Kevin Kuehl) writes:
>I think your comparision is a good one for the position of not having
>a user interface's "look-and-feel" copyrightable.  By my
>understanding, if Apple would win this, then I think AT&T would be
>able to copyright the unified Input/Output system of Unix.  And
>whoever came up with the idea of system calls could copyright those
>also.  

Since there isn't a gnu.politics yet...and at the risk of being flamed....

There are really three issues here.  The first is whether serious intellectual
effort goes into designing a user interface.  For example at Bell Labs 
there is a REALLY large group of people (at least there used to be) who
did human factors experiments and try to come up with the best design for
some phone company widgit.  Just off the top of my head I think every other
creative work (ie intellectual effort) is protected by some form of law.
Should human interface people be any different?  Look at paintings, writing,
engineering, music, etc.  Even software and algorithms can be patented
these days.  Look at the patents that Prof. Bracewell at Stanford got on 
his Fast Hartley transform.

The second issue is obviousness.  In retrospect a lot of patents are really
obvious.  But what matters in patents, for example, is that the new idea
not be obvious to people well versed in the field AT THAT TIME.

Finally, there is the question of how do you fit a new aspect of intellectual
creativity into the present legal framework.

There is no question in my mind that human factors work fits into the realm
of intellectual property that is protected by the Constitution.  I have
absolutely no idea how to judge whether something is obvious.  (But in the
early 1980's neither the Xerox Star or the Mac were obvious to me.)  And 
I certainly don't know how to do the legal work.

							Malcolm
P.S.  So what is the FSF position on patents and copyright?  I notice that
the Gnu Emacs manual is copyrighted but yet the Gnu Manifesto notes that it
was probably good that early authors copied each other's work.  Is the
FSF against all intellectual property or just the ones that are obvious
to them?

ds@cloud9.Stratus.COM (Dan Swartzendruber) (06/17/89)

Could we PLEASE move all of this Apple vs FSF stuff somewhere else?????
I am definitely interested in this issue, but it doesn't belong in the
gnu.gcc newsgroup!!!  I am also very interested in GCC and having all of
this political stuff getting mixed in makes it very hard to find the 
occasional :) technical articles posted to this group!

dsmythe@cup.portal.com (dave l smythe) (06/18/89)

Hate to burst your bubble, but unless you are an elector for your state, you
do NOT have the *right* to vote,  according to the constitution.  We are 
republic, not a democracy.  Most states didn't have a popular vote until
much later, but it is still a state's right that has been granted.  As for
intellectual property: if you take my idea and improve it before I do, then
that's the breaks.  If you disassemble my code and include it in yours, then
you should get sued.

Dave Smythe

I post at home, so no caveats necessary.  (Plus, if I mentioned my employer I'd
get hassled ;-)

lance@kodak.UUCP (Dan Lance) (06/21/89)

In article <5634@cloud9.Stratus.COM> ds@cloud9.Stratus.COM (Dan Swartzendruber) writes:
>
>Could we PLEASE move all of this Apple vs FSF stuff somewhere else?????
>I am definitely interested in this issue, but it doesn't belong in the
>gnu.gcc newsgroup!!!  I am also very interested in GCC and having all of
>this political stuff getting mixed in makes it very hard to find the 
>occasional :) technical articles posted to this group!

I second this idea.  Could we possibly moderate the gnu.* groups to
remove this discussion?  Very little light is being shed on any subject
in gnu.gcc these days.

Perhaps we can create  alt.fsf.whine for all those disgruntled Apple
employees and sympathizers out there.

--drl
Dan Lance / drl@kodak.com