Article View: comp.sys.ibm.pc
Article #25699Re: Trial by JURY
From: Brent Williams
Date: Tue, 29 Mar 1988 05:50
Date: Tue, 29 Mar 1988 05:50
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4205 bytes
From article <2722@tekigm2.TEK.COM>, by timothym@tekigm2.TEK.COM (Timothy D Margeson):
> Now, add to this trial by jury a small, helpless company like Apple, being
^^^^^^^^^^^^^
Come on. The quarter just ended, apple announced $1 billion in revenue.
I bet Hewlett Packard is only about $6-8 billion per year, not
that much bigger than Apple. Also, microsoft only about $300 million.
They might try to capitalize on the "2 guys in a garage image"
but an attorney for the other guys would have no trouble pulling this
apart.
> robbed of it's profits by the GIANTs MicroSoft, Hewlett Packard (and just
> think if IBM were invovled). Oh, that poor Apple (say's the jury).
>
> So, you can be sure Apple will want momma joe, a farmers wife from Froth,
> Kentucky on the jury, but not tom, a computer literate from Houston, Texas.
> Be sure, Apple WILL be able to select the jury, or at least deny ANY of those
> possible jury members whom might understand the real differences they should
> be looking for in a copyright case.
Recent changes to peremptory challenges only permit a fixed
number of peremptory challenges per side. Thus, out of 20
possible jurors, they may only be able to bounce 8 for non-legal
related reasons. (I don't know the numbers, but they're not
as lenient as they used to be.)
>
> Apple probable will win this case, but even if they don't, they can then use
Not bloody likely.
> the case as a precent and copy like hell anything they want. So, it's a win
> win, case for Apple, and lose lose for HP and MS. IBM too for that matter.
> A third benefit from the case, win or lose, is that Apple will slow down any
> developement of Presentation Manager, 3rt party Windows applications and the
> like.
Presentation manager doesn't need anybody else to slow it down;
they seem to be perfectly able to shoot themselves in the foot.
Besides, all the spate of idiotic jury decisions means that the
*REAL* court decisions are made by an appellate court, usually
a panel of 3 old, crusty judges that are a lot harder to hoodwink
than a bunch of jurors. I've heard that about 95% of the $1million
plus damage awards are reversed on appeal.
>
> Apple is not being dumb by any means. Also remember they won a similar suit
> against Digital Research. SO a precent in Apples favor already exists. Another
They did not win any such suit. Their suit was settled out of
court. Therefore, no precedent was established. Precedent only
arises from a decision.
> case, similar to this, was Microstuff (Crosstalk) vs. Mirror (a Crosstalk
> clone). Microstuff won on the look and feel aspects of the case, lost on the
> aspects. So Mirror was changed so that the screens didn't look like Crosstalks,
But this was because Mirror was an *exact* clone of crosstalk, and
because Mirror advocated openly in their advertising that they were
a REPLACEMENT for Crosstalk. Not that they had a product embodying
many of the same features, but an EXACT interchangeable replacement.
Nowhere does Microsoft or HP come even close to spouting the same
thing.
> but everything else worked the same. Including the script language.
Yes. This moves them back from being a "copycat" to being
"compatible". Besides, the suit only covered the screen layout.
Programming languages can't be copyrighted. Look at all the
trouble Postscript got themselves into because they started
calling Postscript a programming language, in their own manuals.
You can't use the name but you can write a compatible language.
They won the battle but lose the war.
--
-brent williams Relational Technology, Inc.
1080 Marina Village Parkway
{amdahl,sun,mtxinu,cpsc6a,hoptoad} Alameda, CA 94501
!rtech!brent (415)-769-1400
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Path: arc1-ca.pugleaf.net!utzoo!utgpu!water!watmath!clyde!att-cb!att-ih!pacbell!amdahl!rtech!brent From: brent@rtech.UUCP (Brent Williams) Newsgroups: comp.sys.ibm.pc,comp.sys.hp Subject: Re: Trial by JURY Message-ID: <1886@rtech.UUCP> Date: 29 Mar 88 05:50:13 GMT References: <2722@tekigm2.TEK.COM> Organization: Relational Technology Inc. Alameda, CA 94501 Lines: 76