bskendig@phoenix.Princeton.EDU (Brian Kendig) (03/07/91)
I found this news on the public AppleShare server that the Apple
Student Representative on this campus maintains; apparently it was
released only a matter of hours ago. The implications of this are
staggering.
-----
Court Finds in Apple's Favor;
Copyright Infringement Case Moves Closer to Trial
CUPERTINO, California--March 6, 1991--Apple Computer, Inc. today
announced that Judge Vaughn Walker of the U.S. District Court in San
Francisco has strengthened Apple's case by clearing the way for a
trial in Apple's copyright infringement suit against Microsoft and
Hewlett-Packard. The judge denied motions from Microsoft and
Hewlett-Packard and upheld Apple's claim that the Macintosh computer
audio-visual displays are original to Apple. The judge also held that
the major portions of Macintosh audio-visual displays--overlapping
windows and icons--are not licensed to Microsoft and Hewlett-Packard.
"We're pleased with this favorable ruling and look forward to moving
to the core of this case--the issue of copyright infringement by
Microsoft and Hewlett-Packard," said Edward B. Stead, Apple's vice
president and general counsel. "With these issues behind us, we
believe our case is strengthened. We're confident that the remaining
issues in this case will be resolved in our favor."
The ruling came in response to Apple's assertion that certain
Macintosh audio-visual displays used in Windows 2.03 were original to
Apple and not covered by the scope of Apple's and Microsoft's 1985
agreement. Those audio-visual displays include overlapping windows
and the appearance and manipulation of icons. The court upheld that
assertion. Both Hewlett-Packard and Microsoft argued that the
Macintosh user interface is not entitled to copyright protection
because it had been copied from earlier programs, principally Xerox
Star and SmallTalk. The court rejected this argument, stating that
the Macintosh user interface programs were original works,
independently created by Apple. The court found that there was "no
evidence" indicating that Apple's work had been copied from Xerox Star
or SmallTalk.
Apple filed suit against Microsoft and Hewlett-Packard in March 1988,
to protect its copyrighted Macintosh audio-visual displays against
copyright infringement by two products: Microsoft's Windows 2.03 and
Hewlett-Packard's New Wave. Apple's audio-visual displays make the
Macintosh personal computer unique and distinctive, and in computer
parlance, extremely "user friendly."
Judge Walker's decision today did not determine the issue of copyright
infringement, which will be resolved in the next phase of litigation.
A status conference will be held to determine the schedule for the
resolution of the remaining issues in the case.
-30-
Apple, the Apple logo and Macintosh are registered trademarks of Apple
Computer, Inc.
-----
If you have any comments at all that you want Apple to hear about this
development, you can email them to Scott Ryder (the Apple rep here),
and he can forward them directly to Apple.
You can reach him as swryder@pucc.princeton.edu on the Internet, or as
swryder@pucc through Bitnet. Don't send any comments to me.
Disclaimer: This is public knowledge. I'm posting it here because I
feel everyone should have a chance to read it before the inevitable
discussion fires up.
<< Brian >>
| Brian S. Kendig \ Macintosh | Engineering, | bskendig |
| Computer Engineering |\ Thought | USS Enterprise | @phoenix.Princeton.EDU
| Princeton University |_\ Police | -= NCC-1701-D =- | @PUCC.BITNET |
"It's not that I don't have the work to *do* -- I don't do the work I *have*."torrie@cs.stanford.edu (Evan Torrie) (03/09/91)
bskendig@phoenix.Princeton.EDU (Brian Kendig) writes: >Court Finds in Apple's Favor; >Copyright Infringement Case Moves Closer to Trial Interestingly, Apple's stock jumped $4 and Microsoft's dropped $3 on the news. -- ------------------------------------------------------------------------------ Evan Torrie. Stanford University, Class of 199? torrie@cs.stanford.edu "I didn't get where I am today without knowing a good deal when I see one, Reggie." "Yes, C.J."
lim@iris.ucdavis.edu (Lloyd Lim) (03/09/91)
In article <6944@idunno.Princeton.EDU> swryder@pucc (Scott Ryder) writes: >I found this news on the public AppleShare server that the Apple >Student Representative on this campus maintains; apparently it was >released only a matter of hours ago. The implications of this are >staggering. It's not really that staggering, read it a little closer. >CUPERTINO, California--March 6, 1991--Apple Computer, Inc. today >announced that Judge Vaughn Walker of the U.S. District Court in San >Francisco has strengthened Apple's case by clearing the way for a >trial in Apple's copyright infringement suit against Microsoft and >Hewlett-Packard. The judge denied motions from Microsoft and >Hewlett-Packard and upheld Apple's claim that the Macintosh computer >audio-visual displays are original to Apple. The judge also held that >the major portions of Macintosh audio-visual displays--overlapping >windows and icons--are not licensed to Microsoft and Hewlett-Packard. > >[...] > >Judge Walker's decision today did not determine the issue of copyright >infringement, which will be resolved in the next phase of litigation. >A status conference will be held to determine the schedule for the >resolution of the remaining issues in the case. To very loosely describe what has happened, the judge said that the Macintosh interface is different from Xerox's work and that most of the Macintosh interface was not included in the old license with Microsoft. The really interesting part, on copyright infringement and whether the audi-visual display can be copyrighted, will take place during the trial. I think most people want this trial to happen so that there will be some kind of major decision on the issue. (Lots of people support such copyright protection and lots of people don't.) +++ Lloyd Lim Internet: lim@iris.eecs.ucdavis.edu America Online: LimUnltd Compuserve: 72647,660 US Mail: 215 Lysle Leach Hall, U.C. Davis, Davis, CA 95616
ogawa@orion.arc.nasa.gov (Arthur Ogawa) (03/10/91)
In article <8516@ucdavis.ucdavis.edu> lim@iris.ucdavis.edu (Lloyd Lim) writes: |In article <6944@idunno.Princeton.EDU> swryder@pucc (Scott Ryder) writes: |>I found this news on the public AppleShare server that the Apple |>Student Representative on this campus maintains; apparently it was |>released only a matter of hours ago. The implications of this are |>staggering. | |It's not really that staggering, read it a little closer. [lines deleted] |To very loosely describe what has happened, the judge said that the Macintosh |interface is different from Xerox's work and that most of the Macintosh |interface was not included in the old license with Microsoft. | |The really interesting part, on copyright infringement and whether the |audi-visual display can be copyrighted, will take place during the trial. [lines deleted] My question is, in those areas where the Mac interface duplicates that of Smalltalk (overlapping windows and the USE of icons), how can Apple clain protection? Can someone with a background in law explain what Apple's leg to stand on is here? Also, doesn't the decision in the Ashton-Tate case have a similarity here? (Albeit in their case, they were copying PUBLIC DOMAIN software.) Arthur Ogawa Internet: ogawa@orion.arc.nasa.gov Ph: 1/415/691-1126 TeX consultant AppleLink: ogawa FAX:1/415/962-1969