Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!csd4.milw.wisc.edu!leah!rpi!rpi.edu!rodney From: rodney@sun.ipl.rpi.edu (Rodney Peck II) Newsgroups: gnu.misc.discuss Subject: Re: Apple/uSoft Court's "Memorandum of Decision and Order" Message-ID: Date: 2 Aug 89 11:16:09 GMT References: <8146@hoptoad.uucp> <8180@hoptoad.uucp> <450@helios.prosys.se> Sender: usenet@rpi.edu Organization: Rensselaer Polytechnic Institute Image Processing Lab, Troy NY Lines: 39 In-reply-to: ath@helios.prosys.se's message of 2 Aug 89 06:44:39 GMT In article <450@helios.prosys.se> ath@helios.prosys.se (Anders Thulin) writes: AT> Thanks to John G. for typing this in. It's good to have something AT> solid to discuss. here here AT> There is a portion of the text that I find difficult to understand. It AT> could be a typo, but it could also be correct: AT> It is, of course, true, as Apple argues, that in AT>determining whether an audiovisual work infringes, the work must AT>be viewed as a whole. But where a work includes licensed AT>features as well as unlicensed features, infringement depends on AT>whether the unlicensed features are entitled to protection; AT> ^^^^^^^^^^ AT>licensed features are treated as being in the public domain. AT>^^^^^^^^ AT>_Cf._ _Data East USA, Inc. v. Epyx, Inc._, 862 F.2d 204, 208 (9th AT>Cir. 1988) (substantial similarity of unprotected expression AT>does not support finding of infringement). AT> If the words 'unlicensed' and 'licensed' were exchanged I don't think AT> I would think twice about it. But it seems a bit odd that 'unlicensed AT> features are entitled to protection'. The parenthesis in the last two AT> lines seems to say so to. This is referring to the discrete visual components in Windows 2.03 which were and were not included in the 1985 Agreement. The unlicensed features are essentially those which Apple is claming that Microsoft took from them without their approval. These features are things like the overlapping windows vs the tiled windows in Windows 1.0 and the method of iconification. -- Rodney