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From: gus@Shasta.ARPA
Newsgroups: net.micro.atari,net.micro.mac
Subject: Re: DRI agrees to change GEM
Message-ID: <862@Shasta.ARPA>
Date: Mon, 7-Oct-85 02:59:51 EDT
Article-I.D.: Shasta.862
Posted: Mon Oct  7 02:59:51 1985
Date-Received: Wed, 9-Oct-85 03:27:32 EDT
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> >There is an article in the 10/1 issue of the San Jose Mecury News with the
> >announcement that DRI has agreed to (effective 11/15) stop supporting the
> >current version of GEM and to ship a modified version to avoid charges of
> >copyright violations of Apple's software. Apple has claimed that GEM copied
> >"The look and feel" or its Macintosh software and violated Apple's
> >copyright. GEM uses, among other things, windowns, drop-down menus, and
> >icons that substantially resemble the Mac.
> >
> >-- 
> >:From under the bar at Callahan's:   Chuq Von Rospach 
> >nsc!chuqui@decwrl.ARPA               {decwrl,hplabs,ihnp4,pyramid}!nsc!chuqui
> 
> Is this for real????!!!!!???  How in the world can Apple claim to have a
> copyright on the "look and feel" of its Macintosh software when it is such a
> close copy of work done at Xerox Parc?  
> 
> I don't have any legal expertise, but it looks like Apple doesn't have a leg
> to stand on.  I hope that someone with some legal knowledge will comment on
> this because I don't see how Apple can get away with it.
> 
> Barry Locklear
> AT&T Information Systems Labs
> ihnp4!druhi!lbl

Apple may have used a windowing system for Lisa and Mac which was pioneered
by Xerox PARC, but so have many other people. Take SUN Microsystems,
symbolics, Microsoft, AT&T, and a slew of other people creating such systems.

GEM, on the other hand, tries to emulate a MAC wondow system, not just any
window system... from the position and look of windows, including the
location of size and grow boxes, and the pattern of the racing stripes in
the title bar.

While it may be argued that Borland invented desk accessories with SideKick,
it was Apple who built them into the system as a separate entity. DRI took
the idea practically verbatim from the Mac replacing the Apple sysmbol by
the work "Desk"

Other menus as well have VERY close Mac counterparts. Oh yes, things are
slightly different, but they are VERY similar.

I hate to bring up the old issue of pull-down menus, but I think that Apple
lawyers missed the boat when they pattented these menus. THeir main
innovation comes from the fact that these menus are decleared and defined
when the program is LAUNCHED, not when the user clicks in a particular
area, or pushes one of the mouse buttons. This changes the entire structure
of the program as far as menu definition code is concerned. More importantly
the menu bar sets a standard for where menus should be found and lets the
first time user of a program quickly discover the general range of features
available from within the application. 

This sort of thing happened a few years ago with the arcade games vs home
computer imitations that were not licensed with the original creators. The
general outcome was that computer software firms such as broderbund no longer
make games which look or play anything like any coin operated game, but which
are still 'arcade' style games. 

							Gus Fernandez