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Microsoft charges apple with breach of contract
Computers & Security, 7 (1988) 423-434
Abstracts of Recent Articles and Literature Esther H. Highland Computer Law Microsoft Charges Apple with Breach o f Contract, StuartJ. Johnston and Rachel Parker. Microsoft Corporation has countersued Apple claiming that Apple's lawsuit over the "look and feel" o f its Windows products has interfered with existing contracts. Microsoft also accused Apple of slander, breach of contract, and unfair business practices. They claim that Apple's suit is without merit because the Mac interface was not copyrightable under the 1976 Copyright Act and that the visual displays and graphic images were not original. However, ot~cials of Hewlett-Packard, a codefendant in the case, said Apple's suit has helped rather than harmed prospects for its New Wave interface.
lnfo World, April 1 I, 1988, pp. 1, 81.
ber 1985. A licensing agreement did not settle core disputes between the two companies, and differences of opinion about the breadth of the contract began to emerge in a series of letters beginning in July 1986.
lnfoWorld, April 25, 1988, p. 33. Apple Files Response to Microsoft's Cotmtersuit, Laurie Flynn. Apple Computer has filed an answer to Microsoft's countersuit, reiterating its position that the 1985 contract between the two companies in no way authorized Microsoft to make later versions of Windows more Mac-like. The answer further denies that Microsoft had any rights to license third parties "to use visual displays and graphic images in their products which were more similar to the Macintosh visual displays than Windows, Version 1.0."
lnfoWorld, May 2, 1988, p. 5.
Dispute Over Mac User Interface Longstanding, StuartJ. Johnston. Disagreement between
Microsoft Seeks to Split Apple Suit into two Phases, Rachel Parker. Hoping to resolve Apple's
Apple Computer and Microsoft over rights to the Macintosh user interface has been a growing sorepoint for several years, according to court documents filed in the industry's largest look and feel lawsuit to date. The legal evidence indicates the dispute predates the release o f Windows 1.0 in N o v e m -
suit against it without getting into the look-and-feel issue, Microsoft asked the court to split the case into two sections. The first phase would address whether a 1985 license agreement between Apple and Microsoft gave Microsoft certain rights to the Macintosh interface for Windows. The second
0167-4048/88/$3.50 © 1988, Elsevier Science Publishers Ltd.
phase of the trial would address the copyright infringement issue, assuming Microsoft loses in the first phase. Apple is opposing the modon, saying that the issues of the license and copyrights are so closely related, its case would be damaged, lnfo World, Ma T 23,
1988, p. 5. Apple/Microsoft Suit Split in T w o , Rachel Parker. A U.S. district judge ruled in favor of a Microsoft motion to split the case into two portions. Under the order, the two companies will first argue their interpretations o f the 1985 licensing agreement. "Look and feel" copyright issues will be put on hold until after the license phase is complete, lnfo World, May 23,
1988, p. 1. Apple-Microsoft Suit Raises Issue o f Vague Copyright Laws, Robert Francis. A legal virus, now spreading throughout the computer industry, is the ambiguity of U.S. software copyright law, aided and abetted by a host of contradictory decisions by U.S. courts. The debate includes the "look and feel" issue and "substantial similarity." To experts in computer law, phrases such as "substantial similarity" are difiicult to define, but precedent exists to lead to some possible definition. The "look and feel" issue is much harder to define because of lack of precedent. The Apple suit has had a chilling effect on at least one firm, while others are forging ahead in spite of it. Some users and analysts have speculated that IBM's Presentation Manager is the real target o f Apple's action. Datamation , May 15, 1988,
pp. 22,26. MBS, O P M Officials P l a n
Broad Security Guidelines, Kevin Power. Few specific guide-
423
Abstracts of Recent Articles and Literature Esther H. Highland Computer Law Microsoft Charges Apple with Breach o f Contract, StuartJ. Johnston and Rachel Parker. Microsoft Corporation has countersued Apple claiming that Apple's lawsuit over the "look and feel" o f its Windows products has interfered with existing contracts. Microsoft also accused Apple of slander, breach of contract, and unfair business practices. They claim that Apple's suit is without merit because the Mac interface was not copyrightable under the 1976 Copyright Act and that the visual displays and graphic images were not original. However, ot~cials of Hewlett-Packard, a codefendant in the case, said Apple's suit has helped rather than harmed prospects for its New Wave interface.
lnfo World, April 1 I, 1988, pp. 1, 81.
ber 1985. A licensing agreement did not settle core disputes between the two companies, and differences of opinion about the breadth of the contract began to emerge in a series of letters beginning in July 1986.
lnfoWorld, April 25, 1988, p. 33. Apple Files Response to Microsoft's Cotmtersuit, Laurie Flynn. Apple Computer has filed an answer to Microsoft's countersuit, reiterating its position that the 1985 contract between the two companies in no way authorized Microsoft to make later versions of Windows more Mac-like. The answer further denies that Microsoft had any rights to license third parties "to use visual displays and graphic images in their products which were more similar to the Macintosh visual displays than Windows, Version 1.0."
lnfoWorld, May 2, 1988, p. 5.
Dispute Over Mac User Interface Longstanding, StuartJ. Johnston. Disagreement between
Microsoft Seeks to Split Apple Suit into two Phases, Rachel Parker. Hoping to resolve Apple's
Apple Computer and Microsoft over rights to the Macintosh user interface has been a growing sorepoint for several years, according to court documents filed in the industry's largest look and feel lawsuit to date. The legal evidence indicates the dispute predates the release o f Windows 1.0 in N o v e m -
suit against it without getting into the look-and-feel issue, Microsoft asked the court to split the case into two sections. The first phase would address whether a 1985 license agreement between Apple and Microsoft gave Microsoft certain rights to the Macintosh interface for Windows. The second
0167-4048/88/$3.50 © 1988, Elsevier Science Publishers Ltd.
phase of the trial would address the copyright infringement issue, assuming Microsoft loses in the first phase. Apple is opposing the modon, saying that the issues of the license and copyrights are so closely related, its case would be damaged, lnfo World, Ma T 23,
1988, p. 5. Apple/Microsoft Suit Split in T w o , Rachel Parker. A U.S. district judge ruled in favor of a Microsoft motion to split the case into two portions. Under the order, the two companies will first argue their interpretations o f the 1985 licensing agreement. "Look and feel" copyright issues will be put on hold until after the license phase is complete, lnfo World, May 23,
1988, p. 1. Apple-Microsoft Suit Raises Issue o f Vague Copyright Laws, Robert Francis. A legal virus, now spreading throughout the computer industry, is the ambiguity of U.S. software copyright law, aided and abetted by a host of contradictory decisions by U.S. courts. The debate includes the "look and feel" issue and "substantial similarity." To experts in computer law, phrases such as "substantial similarity" are difiicult to define, but precedent exists to lead to some possible definition. The "look and feel" issue is much harder to define because of lack of precedent. The Apple suit has had a chilling effect on at least one firm, while others are forging ahead in spite of it. Some users and analysts have speculated that IBM's Presentation Manager is the real target o f Apple's action. Datamation , May 15, 1988,
pp. 22,26. MBS, O P M Officials P l a n
Broad Security Guidelines, Kevin Power. Few specific guide-
423