🚀 go-pugleaf

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.

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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: <backbones>!{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)