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From: es1@cunixb.cc.columbia.edu (Ethan Solomita)
Newsgroups: comp.sys.amiga.misc
Subject: Apple wins in preliminary hearings against Microsoft
Message-ID: <1991Mar7.085754.31096@cunixf.cc.columbia.edu>
Date: 7 Mar 91 08:57:54 GMT
Sender: usenet@cunixf.cc.columbia.edu (The Network News)
Reply-To: es1@cunixb.cc.columbia.edu (Ethan Solomita)
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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".