es1@cunixb.cc.columbia.edu (Ethan Solomita) (03/07/91)
Subject: Apple Computer wins ruling against 'Windows' Keywords: computers, manufacturing, electronics, science, civil proceedings, legal Date: 7 Mar 91 06:37:21 GMT SAN FRANCISCO (UPI) -- A federal judge gave a preliminary ruling Wednesday in favor of Apple Computer in its suit claiming copyright infringement by Microsoft with its ``Windows'' program for IBM computers and compatibles. In the closely watched suit over the rights to a ``user friendly'' computer, Apple alleges that Microsoft is using ideas from its Macintosh computers for its popular program run on IBM and compatible machines. U.S. District Judge Vaughn Walker cleared the way for a trial in Apple's 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.'' Apple claims displays used in Windows 2.03 were original to Apple and not covered by the scope of a 1985 agreement between Apple and Microsoft. Those audio-visual displays include overlapping windows and the appearance and manipulation of icons, or figures on the screen. 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 said the Macintosh user interface programs were original works, independently created by Apple. Apple filed suit against Microsoft and Hewlett-Packard in March 1988 to protect its copyrights against infringement by 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, ``user friendly.'' Judge Walker's decision 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. -- Ethan Upon leaving office, Ronald Reagan began renting an office in the penthouse of the Fox Plaza, the Los Angeles high-rise used as the location for the terrorist movie "Die Hard".
jms@vanth.UUCP (Jim Shaffer) (03/09/91)
In article <1991Mar7.085754.31096@cunixf.cc.columbia.edu> es1@cunixb.cc.columbia.edu (Ethan Solomita) writes: > > 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 said the Macintosh user interface >programs were original works, independently created by Apple. FLAME ON! Well of course the *programs* were individual works! What does this judge think this is, a piracy case? No! It's a look-and-feel case! Is this judge computer-literate at all? He seems to be about as computer-literate as the Secret Service agents that raided Steve Jackson Games. That is to say, not at all. -- * From the disk of: | jms@vanth.uucp | "There's UFOs over New Jim Shaffer, Jr. | amix.commodore.com!vanth!jms | York, and I ain't too 37 Brook Street | uunet!cbmvax!amix!vanth!jms | surprised." Montgomery, PA 17752 | 72750.2335@compuserve.com | (John Lennon) "Nobody told me there'd be days like these... Strange days indeed!"
mikep@hpmwtd.HP.COM (Mike Powell) (03/09/91)
The UPI article that was printed thursday was later corrected on friday and it seems that Apple did NOT recieve any judgement in favor of their 'look-and-feel' suit.... and that there may have been further comittmant by the judge to deny the 'look-and-feel' rights to Apple. The information on this is a bit muddy it seems... wonder what will happen when all this stuff is finally sorted out. -Mike-