[comp.sys.mac.misc] Apple/Microsoft Lawsuit

pasek@npdiss1.StPaul.NCR.COM (Michael A. Pasek) (12/06/90)

Just wondering what is happening with the Apple/Microsoft lawsuit regarding
Windows 2.0 (and, presumably, Windows 3.0).  I haven't heard a thing since
hearing that the judge dismissed some of the points, but left others.

Personally, I'd LOVE to see the faces of my PC-coworkers (who smugly say 
"See, now my PC is JUST like a Mac !) when their software becomes illegal!

Of course, maybe Apple (and Microsoft, for that matter) would be better
served by letting Windows deliver the coup de grace to OS/2 and Presentation
Manager BEFORE letting the judge decide that Windows infringes on the Mac's
Look-and-Feel.

Sorry if this starts another flame-fest about the merits of the lawsuit.

M. A. Pasek               Software Development              NCR Comten, Inc.
(612) 638-7668               NP Development               2700 N. Snelling Ave.
pasek@c10sd3.StPaul.NCR.COM                               Roseville, MN  55113

boris@world.std.com (Boris Levitin) (12/09/90)

pasek@npdiss1.StPaul.NCR.COM (Michael A. Pasek) climbs the minaret and chants
this call for a jihad:

>Just wondering what is happening with the Apple/Microsoft lawsuit regarding
>Windows 2.0 (and, presumably, Windows 3.0).  I haven't heard a thing since
>hearing that the judge dismissed some of the points, but left others.
>Personally, I'd LOVE to see the faces of my PC-coworkers (who smugly say 
>"See, now my PC is JUST like a Mac !) when their software becomes illegal!
>Of course, maybe Apple (and Microsoft, for that matter) would be better
>served by letting Windows deliver the coup de grace to OS/2 and Presentation
>Manager BEFORE letting the judge decide that Windows infringes on the Mac's
>Look-and-Feel.
>Sorry if this starts another flame-fest about the merits of the lawsuit.

Well, if you don't want a flame-fest, why behave like a platform chauvinist?
The readers of this group dislike DOS just as much as you do, or they would
not be reading it, but why attempt by artificial means to prevent it from
getting better?  Don't you think using DOS (even with a Windows 3.0 overlay
on a RAM-loaded 486) is punishment enough?  Why do you wish to stop 
progress?

Windows is not more like the Mac interface than, say, NeXTstep.  Maybe you feel
that all GUIs violate Apple's divine right to the graphical interface.  If so,
please remember that it was originally created by Xerox, at the time part-owner
of Apple. Apple never paid a cent for it.  A belated Xerox suit against Apple,
claiming a divine right to the graphical interface, was laughed out of court
earlier this year.

Boris Levitin
----------------------------------------------------------------------------
WGBH Public Broadcasting, Boston                         boris@world.std.com
Audience & Marketing Research              wgbx!boris_levitin@athena.mit.edu
----------------------------------------------------------------------------
(The opinions expressed herein are my own and do not necessarily coincide 
with those of my employer or anyone else.  The WGBH tag is for ID only.)

coolidge@cs.uiuc.edu (John Coolidge) (12/10/90)

boris@world.std.com (Boris Levitin) writes:
>Maybe you feel
>that all GUIs violate Apple's divine right to the graphical interface.  If so,
>please remember that it was originally created by Xerox, at the time part-owner
>of Apple. Apple never paid a cent for it.  A belated Xerox suit against Apple,
>claiming a divine right to the graphical interface, was laughed out of court
>earlier this year.

This is not true. Apple was never partially owned by Xerox. Apple did
acquire a good deal of their graphical interface from Xerox, while
inventing other parts in-house. So far, Apple's lawsuits have centered
around only the work they did independent of Xerox.

Apple paid Xerox a percentage of the revenue on every Macintosh sold
between 1984 and 1989 as payment for their use of Xerox's research. 
I'm not sure what the percentage was; I believe it was a few percent
of net profit.

--John

--------------------------------------------------------------------------
John L. Coolidge     Internet:coolidge@cs.uiuc.edu   UUCP:uiucdcs!coolidge
Of course I don't speak for the U of I (or anyone else except myself)
Copyright 1990 John L. Coolidge. Copying allowed if (and only if) attributed.
You may redistribute this article if and only if your recipients may as well.

boris@world.std.com (Boris Levitin) (12/10/90)

coolidge@cs.uiuc.edu (John Coolidge) writes:

>boris@world.std.com (Boris Levitin) writes:
>>Maybe you feel
>>that all GUIs violate Apple's divine right to the graphical interface. If so,
>>please remember that it was originally created by Xerox, at the time 
>>part-owner
>>of Apple. Apple never paid a cent for it. A belated Xerox suit against Apple,
>>claiming a divine right to the graphical interface, was laughed out of court
>>earlier this year.

>This is not true. Apple was never partially owned by Xerox.

From "West of Eden: The Loss of Innocence at Apple Computer" by Frank Rose,
New York: Viking Penguin, 1989, page 47:
"After years of hedging [Xerox] had finally okayed development of an office
computer based on PARC research, but personal computers for office workers
seemed pretty radical in 1979.  The action was in low-cost home computers,
and it looked to them like the best way to get into it was by buying into 
Apple.  But they couldn't get in just for the asking; Apple stock was too much
in demand for that.  So in exchange for being allowed to buy 100,000 shares, 
Xerox agreed to open the doors of its Palo Alto Research Center to Apple's
vice-president for research and development, Steve Jobs.
  Jobs' tour of Xerox PARC turned out to be a signal even in the history
of personal computing. (...)"
Rose proceeds to describe Jobs' encounter with PARC's prototype Alto computer,
which inspired him to start working on what ultimately became the Lisa and
the Macintosh, the first affordable GUI-based microcomputers.

>Apple paid Xerox a percentage of the revenue on every Macintosh sold
>between 1984 and 1989 as payment for their use of Xerox's research. 
>I'm not sure what the percentage was; I believe it was a few percent
>of net profit.

I was not aware of that.  Could any Apple readers of this clarify whether
such payments took place?  It seems to me that if Apple did pay Xerox for
the use of its research, then Xerox would not have any legal standing in
its attempt to seek compensation (which failed and is now on appeal), for
the same reason that airline insurers attempt to settle with families of
crash victims before the families bring wrongful-death suits: once you
willingly take compensation for something, you cannot seek higher
compensation through the courts unless you can prove duress or fraud in
the original settlement.

Boris Levitin
----------------------------------------------------------------------------
WGBH Public Broadcasting, Boston                         boris@world.std.com
Audience & Marketing Research              wgbx!boris_levitin@athena.mit.edu
----------------------------------------------------------------------------
(The opinions expressed herein are my own and do not necessarily coincide 
with those of my employer or anyone else.  The WGBH tag is for ID only.)

dbarnhar@oiscola.Columbia.NCR.COM (12/14/90)

In article <1990Dec9.073046.23818@world.std.com> boris@world.std.com (Boris Levitin) writes:
>pasek@npdiss1.StPaul.NCR.COM (Michael A. Pasek) climbs the minaret and chants
>this call for a jihad:
>
>>Just wondering what is happening with the Apple/Microsoft lawsuit regarding
>>Windows 2.0 (and, presumably, Windows 3.0).  I haven't heard a thing since
>>hearing that the judge dismissed some of the points, but left others.
>>Personally, I'd LOVE to see the faces of my PC-coworkers (who smugly say 
>>"See, now my PC is JUST like a Mac !) when their software becomes illegal!
>>Of course, maybe Apple (and Microsoft, for that matter) would be better
>>served by letting Windows deliver the coup de grace to OS/2 and Presentation
>>Manager BEFORE letting the judge decide that Windows infringes on the Mac's
>>Look-and-Feel.
>>Sorry if this starts another flame-fest about the merits of the lawsuit.
>
>Well, if you don't want a flame-fest, why behave like a platform chauvinist?
>The readers of this group dislike DOS just as much as you do, or they would
>not be reading it, but why attempt by artificial means to prevent it from
>getting better?  Don't you think using DOS (even with a Windows 3.0 overlay
>on a RAM-loaded 486) is punishment enough?  Why do you wish to stop 
>progress?

Come On!  Part of that statement was obviously tongue-in-cheek, but you'd have
to work in an IBM-or-compatible-only shop to understand.  It gets very hard to
justify a Mac (even with its obvious superiority in some applications) to your
boss or co-workers when he says "Just buy Windows, and your PC will be just
like a Mac."  We all know that statement is untrue, but with widespread belief
that it is gospel, those who count beans for a living will never take the time
to understand the true situation.  In fact, those of us who must work with PCs
every day would love DOS to improve to the point where it's just as good as a
Mac.  Then, we wouldn't get Mac-Envy, and with the competition, Apple might be
forced to lower prices to compete, hence satisfying the bean-counters.  Bad for
Apple, perhaps, but great for us users.

However, in the meantime, the existence of a product such as Windows prevents
those of us who would rather use a Mac from doing so, because now "A PC is just
like a Mac."  Ha!  Even though Windows is an excellent product, it certainly is
no replacement for a Mac.  An to an extent, I agree with what Mike Pasek says.
Although I don't really want Apple to win such a suit, it WOULD be GREAT to be
able to smile at your boss as his Windows is removed from his machine, and say
"Just like a Mac, huh?"


A PC user (but Mac at home :-),

Dave Barnhart
NCR Cooperative Computing Systems Division
3245 Platt Springs Rd.
West Columbia, SC  29169    email: uunet!ncrlnk!ncrcae!oiscola!dbarnhar












-- 
Dave Barnhart
NCR Cooperative Computing Systems Division
3245 Platt Springs Rd.
West Columbia, SC  29169    email: uunet!ncrlnk!ncrcae!oiscola!dbarnhar

murat@farcomp.UUCP (Murat Konar) (12/14/90)

>This is not true. Apple was never partially owned by Xerox. Apple did

Bzzt!  Xerox was an early investor in Apple.

An interesting twist:  During the bad old days (just after the original Mac was
released and it looked like Apple was in trouble), Apple considered buying
Xerox (!) for its distribution and service arms.  Had it happened, Apple would
have been able to claim ownership of the research that ended up in the Lisa
and the Mac.

Disclaimer:  This information was gleaned from John Sculley's book "Odyssey:
From Pepsi to Apple" or somthing like that.  Im sure I botched some of the 
details. For this I apologize.



-- 
____________________________________________________________________
Have a day. :^|             
Murat N. Konar	
murat@farcomp.UUCP             -or-          farcomp!murat@apple.com

ewright@convex.com (Edward V. Wright) (12/19/90)

In article <283@farcomp.UUCP> murat@farcomp.UUCP (Murat Konar) writes:
>Bzzt!  Xerox was an early investor in Apple.

In fact, Xerox was one of Apple's largest stockholders (~20%).