CompuServe Thread

#Lotus Wins Lawsuit

37 messages in this thread
#110385From: Thomas HoladayJun 29, 1990 8:10 AM
The Friday Business Day section of the New York Times reports: "The Lotus Development Corporation gained a significant victory yesterday when a Federal judge in Boston ruled that its copyright had been infringed by competitors whose software imitates the command structure of Lotus's 1-2-3 spreadsheet program." [byline: John Markoff.] Goodbye, Windows 3!
#110428From: JAMES D. WILLIAMSJun 29, 1990 9:21 PM
isn't there a Lotus for Windows?? –Eet– Director of Mayhem Extra Terrestrial Imports, Ltd.
#110441From: Thomas HoladayJun 29, 1990 10:32 PM
No Windows version of Lotus yet. What I was implying was that Lotus' success in this suit is Good News for Apple's suit against Microsoft and Hewlett Packard for copying the Mac.
#110431From: Kevin DarlingJun 29, 1990 9:44 PM
?? Why "Goodbye, Windows 3!" ?? I'm confused. thx – kev
#110442From: Thomas HoladayJun 29, 1990 10:34 PM
I am making the radical leap that Lotus' prevailing against the folks who marketed spreadsheets with 1-2-3's Look and Feel will lead the courts to find for Apple in Apple's suit against Microsoft and Hewlett Packard. Apple is claiming that Windows and New Wave infringe upon the Mac GUI.
#110446From: Kevin DarlingJun 29, 1990 11:02 PM
Oh. I thought the Lotus suit was because it was almost an identical copy down to keypresses? If Apple won a look&feel on GUIs, don't you worry about the Amiga being next in line for trouble?
#110453From: Thomas HoladayJun 30, 1990 12:43 AM
Kev, as Larry Phillips sez, "who needs workbench," and for sure certain the Amiga CLI isn't look-and-feel compatible with anything.
#110459From: Don Curtis/SYSOPJun 30, 1990 1:37 AM
Kevin, No…the Amiga GUI is significantly different than a Mac GUI. Use the "10 foot rule"…to a person standing 10 feet from the item(s) under consideration…do they look the same? If yes to that, then could the user of one, instantly be familiar with the other in all (most) aspects? Don
#110578From: John MillingtonJul 1, 1990 1:10 AM
Uh oh, say goodbye to the WB Trash Can!
#110584From: Don Curtis/SYSOPJul 1, 1990 1:28 AM
Nah….trashcans are ok, just so they don't look like the Mac's trashcan. Don
#110696From: Dan CoglianoJul 1, 1990 11:54 PM
If you really want to nitpick, MS-DOS looks very much like CPM to me.
#110704From: Don Curtis/SYSOPJul 2, 1990 12:56 AM
Dan, Ah true, but the question is whether that 'look and feel' was unique enought, and the author's original work before it comes under the copyright laws. For example, If I designed an operating system that booted from the Z: floppy or the Y: hard drive and used the drive designator as the system prompt. That may be an original method of numbering drives, but it's certainly not different enough to make it unique. I may be able to copyright the idea of using those particular letters, I certainly couldn't copyright the idea of using drive letters as a system prompt. Or taking it a step further…if two artists are sitting side by side on a beach, painting the sunset…each is entitled to a copyright on their own painting…but neither is entitled to a copyright on the idea of painting a sunset on the beach. Don
#110834From: Kevin DarlingJul 3, 1990 2:45 AM
Well, they're on a roll: Lotus is _now_ suing Borland over Quattro, and Santa Cruz Operation over SCO Professional. They claim those products also violate Lotus copyrights on keyboard commands and screen images. Gonna be a long, hot, summer. Maybe NeXT will go after everyone who has a 3-D NeXTish GUI? Hope not.
#110855From: Tony MuscarellaJul 3, 1990 8:50 AM
Maybe Sperry Corp. should sue the entire industry because all computers owe their heritage ("look and feel") to Univac. 🙂 This is all getting too complicated for me…
#110632From: Steve AhlstromJul 1, 1990 4:04 PM
John, I don't believe there is a problem with the trashcan. When Apple sued DRI over GEM (and DRI wimped out by settling rather than go to court) one of the main issues of contention was the trashcan. Both on the Mac and in GEM the trashcan is on the desktop (workbench, whatever you want to call it). With the Amiga, it is always in a window. You can't drag it to the workbench. -sja
#110654From: RON TROYJul 1, 1990 6:25 PM
Maybe we could change the trash can into a shredder! Ron
#110687From: Chris ScheersJul 1, 1990 11:20 PM
Actually, a lot of people who use the Mac don't even like the look of the trashcan. There are PD programs out there that change it's icon. My favorite is one that makes the trashcan icon a toilet. The lid flips up when you put something in it! Chris
#110708From: Mike SchillerJul 2, 1990 1:20 AM
Chris: Have you seen the Amiga Trashcan Icon shaped like a toilet? -Mike Schiller In sunny Fort Lauderdale
#110712From: Rick StevensJul 2, 1990 2:05 AM
Ah, yes, but does it close the lid and make a flushing sound? (Hey! There's an idea for 2.0!!) If it doesn't lower the lid, I can hear MANY, MANY female users complaining about "leaving the lid up". (of course, a large <GRIN!> accompanies this message) Rick Stevens/MicroBotics
#110802From: RON TROYJul 2, 1990 11:02 PM
Well, I'd certainly like to see something on the Mac flush! 🙂 Ron
#110527From: Robert SandersJun 30, 1990 7:05 PM
However, if Apple wins, they also lose (to Xerox). Ah, sweet mystery of life (who will win the look and feel suit eventually?). Not the consumer, I bet. BobS "Stupidity is a capital crime …"
#110598From: Thomas HoladayJul 1, 1990 8:59 AM
Except Xerox is already out of the picture because Xerox failed to assert copyright for eons.
#110673From: Robert SandersJul 1, 1990 9:23 PM
Then why are they suing Apple? Do they or do they not have any chance? I'm not a lawyer, so the above is just a question for my edification. BobS "Stupidity is a capital crime …"
#110610From: Tony MuscarellaJul 1, 1990 10:44 AM
I was under the impression that Microsoft was ALREADY licensing technology from Apple with respect to Windows 3.0. Also, I doubt that Apple would go after Microsoft considering all the products that Microsoft offers for the Mac… One last note: Windows 3.0 is no Mac (or Amiga) DOS…
#110695From: Don Curtis/SYSOPJul 1, 1990 11:49 PM
Tony, Microsoft and Apple did have a licensing arrangement, but Apple is claiming that it only dealt with Windows 1.0 and are suing Microsoft over Windows 2.0 (and by extension 3.0). And yes…that suit has been active for about a year…Apple is indeed suing Microsoft. Don
#110854From: Tony MuscarellaJul 3, 1990 8:50 AM
Thank you for your clarification re: Microsoft and Apple licensing. That gives me a thought: Apple, as you say, is in the process of suing Microsoft, saying that Windows 3.0 "looks and feels" like the Mac OS. OTOH, Apple is trying to get potential DOS users to use MacIntosh because the user interface is more intuitive than its competitors. Can you have it both ways? Apparently so…
#110471From: Brian MaguireJun 30, 1990 8:15 AM
I saw the article and practically had a heart attack. This is a flat out disaster for the software industry and for computer users. Lotus won on look and feel. As you know, I had to study this case and the programs involved very closely when I was doing a spreadsheet program a couple of years ago. VP Planner and Twin do have the same look and feel, but they are very far from identical to 1-2-3. In fact, they both have significant features 1-2-3 lacks. As industry pundits have been saying since the suit began, this is the same as Ford suing Chrysler because Chrysler put the steering wheel, brake pedal, and gas pedal in the same relative positions as Ford. The ruling is a real blow against interface standardisation. My only hope is that it will be overturned. The ruling stated that an interface can be patented, something I think higher courts may have trouble swallowing. -Brian
#110487From: Thomas HoladayJun 30, 1990 11:10 AM
I wonder if there's someone or someone's estate who can claim the rights to QWERTY? There should be some sizeable royalty payments due, yes?
#110515From: Brian MaguireJun 30, 1990 5:48 PM
Excellent idea. Heck, if a currently active auto manufacturer could prove they invented the steering wheel, brake pedal, gas pedal layout, there's a fortune to be made there, as well. -Brian
#110553From: Mike SchillerJun 30, 1990 10:44 PM
Brian: Actually I think (although I'm not real sure) that Chevrolet did in fact design the layout of the pedals in their 1914 model 490. It was quickly adoped by all the GM cars after that, and finally by Ford in 1929. -Mike Schiller In sunny Fort Lauderdale
#110594From: Matthew RecchiaJul 1, 1990 7:19 AM
I think it is a dumb comparison, since any rights would have expired by now. This is a current patent, good for some years to come, and should not be taken lightly if it does affect currently available GUI's.
#110615From: Mike SchillerJul 1, 1990 12:18 PM
Matthew: While the GUI issue IS a current thing, I was trying to say that we SHOULD take it very seriously! I guess I didn't really make myself clear in the last message. Selden was a manufacturer of electric cars, and a rather small one at that, and when they sued one of the larger car companies for using an internal combustion engine, nobody took it that seriously. Well, the judge decided to agree with Selden, upholding the validity of their patent, and soon ALL the major car manufacturers were paying royalties to Selden who by that time had stopped making cars alltogether, and was just collecting money from everyone else! It's possible that with Apple sueing folks left & right that we could get into the same sort of situation (everyone paying royalties to Apple! -Mike Schiller In sunny Fort Lauderdale
#110554From: Mike SchillerJun 30, 1990 10:44 PM
Brian: There was a while where ALL auto makers had to pay a royalty to a small company called Selden for a patent infringment, they supposedly had a patent on the internal combustion engine! -Mike Schiller In sunny Fort Lauderdale
#110579From: John MillingtonJul 1, 1990 1:10 AM
Nowhere near the fortune I'm going to make after I get the exclusive rights to the Helvetica and Times Roman typefaces… — John
#110595From: Matthew RecchiaJul 1, 1990 7:22 AM
Did you develop them? Did you file for protection before they were released to the public? Did something significantly similar already exist, patented or not? Prior art and release to the public domain will determine if one can protect an idea. I design machines that are patented, and I have to go through this crap all too often.
#110694From: Dan CoglianoJul 1, 1990 11:48 PM
I don't think Windows infringed on Lotus, but the other cloned spreadsheet programs like Twin.
#110736From: Thomas HoladayJul 2, 1990 8:44 AM
Windows did not infringe on Lotus. The Lotus suit has been expected to influence Apple's suit against Microsoft and Hewlett-Packard.