Text 6303, 109 rader
Skriven 2006-08-19 11:48:00 av Robert E Starr JR (7033.babylon5)
Ärende: Re: Attn JMS: Trek Script
=================================
* * * This message was from Jon Schild to rec.arts.sf.tv.babylon5.m * * *
         * * * and has been forwarded to you by Lord Time * * *         
            -----------------------------------------------             

@MSGID: <b3010$44e710ac$42dbfe07$20440@aros.net>
@REPLY: <pelzo63-BD77A4.22092418082006@news.west.earthlink.net>


Chris wrote:
> In article <778d4$44e63162$42dbfe07$3621@aros.net>,
>  Jon Schild <jjs@aros.net> wrote:
> 
> 
>>
>>Chris wrote:
>>
>>>In article <MPG.1f4565fecb339fb9896b2@news.la.sbcglobal.net>,
>>> "Craig M. Bobchin" <cbobchin@csi.com> wrote:
>>>
>>>
>>>
>>>>One of the reasons that Apple dropped it's suit against Microsoft in the 
>>>>'90's is that Xerox basically told Apple that if you sue M$, then we 
>>>>will sue you.
>>>
>>>
>>>incorrect, Apple did not drop it's suit(the "look and feel" suit), the 
>>>suit went to conclusion and apple lost. 
>>>
>>>xerox did not threaten to sue to stop apple from suing MS, Xerox in fact 
>>>filed suit, and had its suit dismissed essentially for exceeding the 
>>>statute of limitations. 
>>>
>>>thirdly, Jobs visited the Xerox PARC and was impressed, he offered Xerox 
>>>millions of $ worth of stock if they would allow him to return with some 
>>>of his engineers in tow, so they could get a few ideas from what they 
>>>saw(iow, xerox knew exactly what was going to happen, was not 
>>>manipulated or in any other way taken advantage of). OTOH, MS made apple 
>>>an offer it couldn't refuse, allow MS access to the patents and 
>>>copyrights of the MacOS, and get shiny new software(that had already 
>>>been promised), or don't allow MS that access, and don't get the shiny 
>>>new software. 
>>>
>>>...chris
>>>
>>
>>I seem to recall that the judge said the only original thing on the 
>>Apple screen was the shape of the garbage can, so they could keep that, 
>>but everything else was Xerox look and feel.
>>
> 
> 
> the judgment involving the trash can was that the judge said that the 
> only thing that was stolen from the macos was the trash can and 
> file/folders icons, incidentally, this was a ruling against 
> HP(co-defendant in the suit), not against MS, for one of HP's 
> applications that ran on windows, so HP had to lose that.  microsoft won 
> the suit not out of a judge ruling that windows was so different that 
> apple couldn't sue, but instead because the judge ruled that of the 189 
> elements of the macos that apple alleged MS stole, 179 of them were 
> licensed to MS for use(in his opinion, and the opinion of a higher 
> appeals court), the remaining 10 elements were, in the judge's findings, 
> "the only possible way to express an idea."  as a side note, the judge 
> insisted that apple delineate each individual GUI element, whereas 
> apple's original filing contended that the individual elements were not 
> as important as the product that resulted.  this is, imho, a rather 
> silly notion of the judge. imagine if i wrote a story, very much like 
> babylon 5, but when joe/wb sued me, the judge told them "give me a list 
> of every word that he copied from you" instead of reading the 2 stories 
> as a whole(apple v ms/hp was a copyright suit)
> 
> had nothing to do with xerox cause, as i said above, the xerox suit was 
> thrown out before even getting to any sort of trial. xerox filed suit 
> sometime after apple did(which was 1988), and it got throw out because 
> the statute of limitations at the time was 3 years, the macos had been 
> available for 5, and the infamous visit to PARC was sometime between 79 
> and 84(can't remember when exactly, and unable to find a date right now).
> 
> furthermore, the xerox OS(smalltalk, really a programming environment 
> more than an OS, according to everything i've ever read on the subject) 
> was actually quite fundamentally different in experience from either 
> windows or mac, i'll leave the explaining of that one to mr bruce horn, 
> who worked at PARC and apple during this time
> 
> http://tinyurl.com/3g3n7 
> 
> original URL:
> http://www.folklore.org/StoryView.py?project=Macintosh&story=On_Xerox,_Ap
> ple_and_Progress.txt&topic=Software%20Design&sortOrder=Sort%20by%20Date
> 
> 
> ...chris
> 

The point was, that apple had no right to whine in court that its look 
and feel was being infringed upon, when nothing but the precise shape of 
a garbage can was original.  They also tried to claim that they invented 
the idea of putting documents in a folder, and of having documents open 
on a desktop, and that nobody else could have possibly come up with 
these unique ideas.

I also don't have examples of Lisa/Mac screen images and corresonding 
PARC screen images available, but the court did during the trial, and I 
will accept their decision on the matter.

.
                                                                
--- SBBSecho 2.11-Win32
 * Origin: Time Warp of the Future BBS - Home of League 10 (1:14/400)