Path: utzoo!attcan!utgpu!jarvis.csri.toronto.edu!cs.utexas.edu!sun-barr!ames!genbank!agate!ucbvax!hoptoad!tim From: tim@hoptoad.uucp (Tim Maroney) Newsgroups: comp.sys.mac.programmer Subject: Xerox Sues Apple Over Mac Message-ID: <9297@hoptoad.uucp> Date: 15 Dec 89 08:01:01 GMT Organization: Eclectic Software, San Francisco Lines: 49 Reuters Giant Xerox Corp. said yesterday that it has filed a lawsuit against Apple Computer Inc. seeking more than $150 million for unlawful use of Xerox software and charging its rival with copyright misrepresentation. Cupertino-based Apple, the big personal computer maker, denied the charge and said it would respond, probably within 30 days. The suit, filed in U.S. District Court in San Francisco, claims that Apple's Lisa and Macintosh software stems from work by Xerox that was used by Apple witout permission. Xerox also said it is seeking recognition that Xerox is the sole and exclusive owner of all copyrights on its Star software. Apple claims ownership of software that covers substantial parts of Star and this has caused confusion in the market place, Xerox said. However, an Apple spokeswoman said that "we believe the case is without merit." "It confuses the distinction between ideas and expression. Copyright protects expression, not ideas," Apple spokeswoman Carleen Levasseur said. Levasseur said, "Apple has always acknowledged that the ideas come from the industry, but it's our own unique expression." The spokeswoman said that Apple "will certainly respond to the claims, probably in 30 days." Xerox wants the court to direct U.S. Copyright Office to cancel registrations for Apple's Lisa and Macintosh software, saying Apple intentionally hid their origins. It said Apple unjustly received royalties, license fees and other benefits in excess of $100 million that properly belong to Xerox. These unfair business practices amount to more than $50 million in damages, Xerox said. It said efforts to reach an amicable settlement, including a proposal for Apple to license the software from Xerox, were rebuffed. -- Tim Maroney, Mac Software Consultant, sun!hoptoad!tim, tim@toad.com "Don't talk to me about disclaimers! I invented disclaimers!" - The Censored Hacker