Xref: utzoo comp.sys.mac:28846 comp.windows.ms:375 comp.sys.ibm.pc:26407 Path: utzoo!utgpu!watmath!iuvax!bsu-cs!mithomas From: mithomas@bsu-cs.UUCP (Michael Thomas Niehaus) Newsgroups: comp.sys.mac,comp.windows.ms,comp.sys.ibm.pc Subject: Apple gets favorable ruling Keywords: Apple vs. Microsoft Message-ID: <6271@bsu-cs.UUCP> Date: 22 Mar 89 06:23:44 GMT Organization: CS Dept, Ball St U, Muncie, Indiana Lines: 62 For those of you who have not yet heard, the courts have ruled in favor of Apple Computer in a summary judgement that was handed down today. Microsoft had contended that Windows 2.03 was covered in the license agreement that was signed by Apple and Microsoft in the past. Here is the press release that Apple posted on their AppleLink network (so if it looks a little biased you'll know why): Apple Receives Favorable Ruling - Contract Issue/Microsoft APPLE RECEIVES FAVORABLE RULING ON CONTRACT ISSUE; COURT REJECTS MICROSOFT'S CLAIM THAT WINDOWS 2.03 IS LICENSED Cupertino, California. March 21, 1989. Apple Computer, Inc. today announced that the U.S. District Court in San Francisco, California has ruled that Microsoft's Windows Version 2.03 is not licensed under a November 22, 1985 agreement between Apple and Microsoft. Microsoft had claimed that Windows 2.03 - a graphical user interface for IBM compatible personal computers - is licensed under that agreement. This ruling came in response to Apple's motion for partial summary judgment, in which Apple claimed that Windows Version 2.03 was an unauthorized, derivative work of Apple's copyrighted Macintosh(R) audio visual works. "We're pleased by today's ruling, as it validates Apple's ongoing contention that Windows 2.03 exceeded our 1985 agreement with Microsoft," said Albert A. Eisenstat, Apple's senior vice president. "With this contract issue behind us, we look forward to resolution of the remaining issues in the case." Apple originally filed suit against Microsoft and Hewlett-Packard on March 17, 1988 to protect its copyrighted Macintosh audio visual computer displays against copyright infringement by two products: Microsoft's Windows 2.03 and Hewlett-Packard's NewWave. Apple's audio visual displays make the Macintosh personal computer unique and distinctive, and, in computer parlance, extremely "user friendly." In May 1988, Microsoft requested that the case be bifurcated, or divided into two parts, the first part of which was to determine the scope of the 1985 agreement. The two companies entered into the 1985 agreement to resolve a dispute that had arisen at that time concerning the ownership of Macintosh audio visual works and possible copyright infringement of those works by Microsoft Windows Version 1.0. Judge William W Schwarzer's decision today did not determine the issue of copyright infringement, which will be resolved in a later phase of the litigation. A status hearing has been scheduled for April 14, 1989 to determine the schedule for resolution of the remaining issues in the case. ---------- It will be interesting to see what comes out of the second phase of the hearings. Is Microsoft Windows too close to the Macintosh user interface? Personally, I don't know myself. I can just imagine a bunch of lawyers arguing about this (although it would probably be a more subjective argument than the common argument on this network). -Michael "I don't speak for anyone so leave me alone" Niehaus -- Michael Niehaus UUCP: !{iuvax,pur-ee}!bsu-cs!mithomas Apple Student Rep ARPA: mithomas@bsu-cs.bsu.edu Ball State University AppleLink: ST0374 (from UUCP: st0374@applelink.apple.com)