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From: dws@tolerant.UUCP (Dave W. Smith)
Newsgroups: net.micro.mac
Subject: Re: DRI agrees to change GEM ; why??
Message-ID: <172@tolerant.UUCP>
Date: Sun, 13-Oct-85 16:53:16 EDT
Article-I.D.: tolerant.172
Posted: Sun Oct 13 16:53:16 1985
Date-Received: Tue, 15-Oct-85 08:11:02 EDT
References: <3208@nsc.UUCP> <1196@vax1.fluke.UUCP> <3226@nsc.UUCP> <299@ccivax.UUCP>
Distribution: net
Organization: Tolerant Systems, Inc.  San Jose, CA
Lines: 43

The opinions expressed below are mine, and not necessarily those of my
employer.

In article <299@ccivax.UUCP> rb@ccivax.UUCP (rex ballard) writes:
>True, in terms of it's external appearance, the GEM interface looks very
>much like the Mac interface.
...
>Patent, Trademark, and Copywright laws were designed to promote creativity.
>In fact, the current laws, as used and interpreted by the computer industry
>are being used to stifle creativity.

What's "creative" about GEM?  Have you taken a close look at it?  The
typical reactive seems to be "Gee, someone made a PC look like a Mac".
That's why Apple is going after it.  GEM is an obvious rip-off.  Somebody
(Chuq?) made the point that a great deal of intellectual labor labor went
into the design of the Mac user interface, and that it's a shame that
somebody else is able to come along and make a cheap copy.  This is what
the laws are designed to protect.  Don't confuse copying with creativity.

>Kay, Jobs, and the other Mac developers have given a great gift to the
>industry in the form of an interface with humans that does not require
>great effort to learn.  For this, they should get a Nobel Prize or something,
>but not the right to sue every Tom, Dick, and Harry that comes up with
>a usable "mouse and windows" interface!

If I were to go out and design a work station that copied the Xerox star
interface, right down to the icons, I would expect to get sued.  However,
I would have no qualms about using some of the ideas that Xerox developed
(and Apple refined) in developing a mouse based interface.  Look carefully
at Xerox products, then look at the Mac.  The lineage is evident, and,
though many argue that the Lisa and Mac "stole" ideas from Xerox, few claim
that Apple did a wholesale rip-off of the Xerox interface.  Yes, they both
use mice and window, and menus of differing flavors, but nobody is going to
confuse a Star with a Mac.  Now look at GEM, compare it to the Mac user
interface, and see it you can make the same statements.

Apple is not running about suing everbody who says "windows".  Granted,
their lawyers do seem to be a bit out of control, but I feel that their
stance on GEM (and the MacPaint knock-offs) is completely justified.
-- 
  David W. Smith                 {nsc,ucbvax}!tolerant!dws
  Tolerant Systems, Inc.
  408/946-5667                    [Standard Disclaimer]