CompuServe Thread

#Copyrights

21 messages in this thread
#101960From: Nelson IngersollMay 2, 1990 11:14 PM
Betty – A few pointss. 1) I recall a coin-operated video game vendor sued another because the defendant's games too closely resembled the look-and-feel of the plaintif's game. I believe they won. 2) While an idea may not be put under copyright protection it can be patented. 3) Hasn't Apple been suing several other manufacturers because their windowing software used Apple, apparently really Xerox, ideas? – Nelson … (If software is outlawed, then only outlaws will have software.)
#101986From: Don Curtis/SYSOPMay 3, 1990 12:54 AM
Nelson, Digging back into my memory of patent/copyright law…. Ideas can not be copyrighted…expressions of those ideas can be. Ideas can not be patented…implementations of those ideas can be. If I say I've got an idea for a piece of software, but do nothing more…it's not protected. If I express that idea…either as pseudocode or as a series of drawings…that can be copyrighted. If I say I've got an idea for a new framitz, but do nothing to implement it…it's not protected. If I build my new framitz, I can then patent it…presuming it's a new and unique methodology for "framitzing". Now…the above is the way I remember things to be…I could be wrong, and if I am…hopefully someone versed in copyright/patent law will jump in and correct me (us). Don
#102062From: Cheryl PetersonMay 3, 1990 11:05 AM
Don, You understanding of copyright and patent parallel what I know about it. So I don't think you're off on this. Chow, Cheryl P!
#102478From: Nelson IngersollMay 4, 1990 11:45 PM
Don – Absolutely right, I mis-spoke (wrote?). Ideas cannot be patented, but their expressions in physical form can. However the line can be very thin. Didn't the inventor of the MASER demonstrate in court he had the "idea" of the LASER first; and lay claim to patent rights on certain LASER technologies? I don't recall if he won, but do recall that the report was seriously positive that he could. I don't know anything about the "framitz" that started this thread. I believe it was a complaint about some ones BBS author "stealing" look and feel from another BBS author. Besides a general feeling of inadequacy about writing commercial code on my own; I think hassles like that would probably get me down. – Nelson … (Nothing sucks like success!)
#102496From: Don Curtis/SYSOPMay 5, 1990 1:10 AM
Nelson, Well…my memory says that a MASER and LASER both work on the same principle…and that only the frequency of the emitted radiation is different. One is at "light" frequencies while the other is at microwave frequencies. But it's been a LONG time since I've read anything about MASERs, so I could easily be wrong. In any event, if the above is true…then my guess is that his claim would be valid. Don
#102061From: Cheryl PetersonMay 3, 1990 11:05 AM
Chowdy Nelson, 1) You are correct their was a lawsuit. The court found that the second game was identical in look and feel and therefore violated copyright since it was to all intents and purposes an exact "copy." 2) Ideas cannot be patented. Gizmos and processes can be patented. Not the ideas behind them. 3) Apple sued MicroSoft over the use of copyrighted material that was included in an unauthorized version of their windows software. It was a simple matter to prove that MicroSoft had access. Apple has reason to believe that the code was passed on to the other manufacturers involved in the suit. They aren't suing over look and feel, they are suing over use of copyrighted code. Another point to add. The Xerox suit against Apple for use of look and feel. The judge threw out 6 of 7 of the complaints and is waiting on the seventh, because if he decides in Apple's favor on it, because he may well end up putting the whole windows-style look and feel operating system into the public domain. Doing so could seriously jeapardize some of Apple's copyright claims. Nope, I'm not an expert in copyright law. I just follow this issue closely because I'm a writer. Chow, Cheryl P!
#102454From: ICD, Inc.May 4, 1990 10:02 PM
1) A coin op manufacturer sued a computer software developer because they claimed that the defendant's karate game looked too much like their coin op one. The defendant WON. This is (to my knowledge) the only court decision regarding "look and feel", and the ruling was against the claim. 2) But has this idea been patented? Patents are the issue being discussed. 3) None of the Apple suits have been decided. Craig
#102493From: Don Curtis/SYSOPMay 5, 1990 12:56 AM
Craig, I forget if it was a decision…or an out-of-court settlement, but Apple did "win" over Digital Research when it sued GEM for "look and feel" Don
#102564From: ICD, Inc.May 5, 1990 12:38 PM
That was out of court. DRI wasn't admitting they were wrong, they could just not afford to go without GEM (there was an injunction) for the years that it would take the courts to decide. They were basically forced into giving up.
#102570From: Black Belt SystemsMay 5, 1990 1:07 PM
In out of court settlements, there is no win.
#102709From: Don Curtis/SYSOPMay 5, 1990 11:52 PM
That's debatable…there's no legal win….but if the effect is the same…does it really matter? As Craig pointed out to me…the Apple vs DRI suit ended in an out of court settlement. DRI ended up changing GEM…..that's what Apple wanted. So I would say, Apple "won".
#102780From: Black Belt SystemsMay 6, 1990 3:15 AM
Apple "won" a battle, but not in a way that ensures it will stay won, or even that the winning meant anything but punitive happenings for the people they were agressing. I meant win in the legal sense, such that shoudl company B now try this, they would know beforehand that apple would drag them to court, and a judge would, w/o delay, say, precendent… mumble mumble, judgement for plaintiff.
#103049From: Don Curtis/SYSOPMay 6, 1990 11:57 PM
In that sense…you're correct.
#102860From: John DraperMay 6, 1990 4:38 PM
The difference is that an out-of-court settlement does not set a precedent based upon a legal ruling. Aplle basically bullied DRI into changing some things, about the same situation as might have happened by sending around the boys with the baseball bats. You could call that a win, but it won nothing. A win, to Apple, would have set a precedent so that they could more successfully bully other companies.
#102572From: Steve AhlstromMay 5, 1990 1:12 PM
Apple did not "win". Winning implies a judgement against the "losing" side. DRI settled out of court with Apple and made no admission of wrong doing.
#102711From: Don Curtis/SYSOPMay 5, 1990 11:59 PM
As I told Ben…in or out of court settlement…it doesn't matter. Apple wanted DRI to change GEM, DRI did change GEM. Apple got what they wanted, DRI did something they didn't want to do. To me…that's a win, whether there was any admission (or finding) of fault. Look at it this way. You and Joe Blow have a traffic accident. Joe sues you for $500,000. You say you weren't at fault, but your insurance company says it's negociated a settlement with Joe for $150,000…and they're going to pay it because they think they'd lose in court. Who won?
#102712From: Steve AhlstromMay 6, 1990 12:02 AM
Your analogy is badly corrupted as a 3rd party made the decision. Apple got what they wanted, yes, however, because the case did not go to trial, no legal precedent was established.
#102753From: Don Curtis/SYSOPMay 6, 1990 1:40 AM
I agree…no legal precedent was established…no question about that.
#102754From: Mike SchillerMay 6, 1990 1:47 AM
Wrong, there was definitely precedent established there. It might not have been Legal, but it did show that a well organised, well financed operation can pratically close down one with less money, not to mention that because they got an injunction, that effectively 'won' the case for Apple.
#102758From: Steve AhlstromMay 6, 1990 1:57 AM
Practically anyone can get a temporary injunction. The fact that DRI decided to settle out of court rather than let the issue go to trial means only that the issue (look and feel copyright — the main issue was the trashcan being on the "desktop") is not resolved.
#102599From: Vic WagnerMay 5, 1990 3:26 PM
Definitely "out-of-court"…and I was sorry that DRI couldn't afford to fight Apple then. I think they would have won…and a LOT of this non-sense since could have been avoided.