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Apple Computer, Inc. vs. Microsoft Corporation GUI Lawsuit (1988)Chingkaw, Co, Davin, Gatchalian, Mercado, TanSci10-I[]

VSPartners: Bill Gates and Paul AllenVision: A computer on every desktop in every homeCreation: Microsoft Disk Operating System (MS-DOS) 1975(Word Processor and New Language) Con: Effective but not user-friendly

Creators: Steve Jobs and Steve Wozniak (1976)Were inspired to create their own computer machine dueto lack of availability of CPU microcomputers in the market and its price.Released Apple 1* on April 1, 1976.Formally incorporated: Jan 3, 1977

*Apple 1 contained lots of features, namely: TV display system, easy start up, quicker loading and saving, fewer parts compared to others.MicrosoftApple \

1970sXerox Corporation developed a graphicaluser interface (GUI)1979Xerox decided not to market itbut demonstrated it to reps of appleApple built computers based on a faster, more powerful processor chip, developed the new interface for their Lisa and Macintosh personal computer lines to make the computers more user-friendlyIntel Corporation, developed new chips also capable of running a GUI1983Microsoft announced plans to develop Windows1985Windows version 1.0

Apple and Microsoft secret agreement. granted Microsoft a license to use the windows and icons in the development of version 1.0. In exchange, Microsoft agreed to develop the software for the Macintosh platform.1987Windows version 2.0Agreement held until Microsoft released Windows version 2.03, which was described by Apple as being more Mac-like,"Apple filed this law suit against Microsoft and its sub-licensee Hewlett-Packard claiming that their products infringed on Apple's copyrights in the presentation and control of on-screen informationMidway through the suit, Xerox filed a lawsuit against Apple claiming Apple had infringed copyrights Xerox held on its GUIs. This was dismissed.1234

Apple and Microsoft agreement. Licensed certain parts of its GUI to Microsoft in exchange, Microsoft will develop software of Macintosh.Apple filed a lawsuit against Microsoft and Hewlett and Packard because Windows 2.03 was Mac-likeStart of Court Trials/ DisputeBackground of Dispute [Main Points]\

March 17, 1988 | Apple filed a suit against Microsoft because GUI elements were similar to Lisa and Macintosh OSLook and feel of Mac OS.189 GUI elements (179 licensed to Microsoft in Windows 1.0 agreement)*10 were not violations due to the Merger Doctrine.*Merger doctrine - ideas cannot be copyrighted nor expression of ideas.

THE DISPUTELawsuit lasted 4 years1234\

MIDWAY | XEROX filed a suit against Apple. Their claim: Appleinfringed their copyrights held on its GUIsMIDWAY | Xerox case was dismissed. *A defensive moveDistrict Court required a standard of virtual identity between Mac and Microsoft in order for Apple to prove copyright infringement

THE DISPUTEApples Rebut | A more broad "look and feel" was all that should be necessary at trial5678\

Apple filed an Appeal to the Ninth Circuit Court of Appeals to have the district court's characterization overruledDistrict Court in favor of MicrosoftApple disagreed. Whole Interface > Individual Elements

THE DISPUTECircuit court: Almost affirmed the rulings of district court but sent the case back to the district court to resolve the issue.9101112\

Circuit court dissected the GUI to separate expression from ideasDistrict Court: Apple are not allowed to make copyright claims based on the ideas of a basic GUI but only on the precise expression.PLUS stated that Apple failed to prove its originality.Apples Defense: returned to complete look and feel argument claimingthat the GUI was original

THE DISPUTECourt: REJECTED apple because parts were not original.13141112\

VERDICT Appleclaims were deniedlost their biggest edge over competitors

MicrosoftMore infuence with future improvementsMicrosoft Windows has a huge market share over Apple Mac

3 years after,Apple and Microsoft madean agreement thatMicrosoft will still developOffice for Macintosh.

Microsoft gave $150 Million worth of cash as bailout\

ASSESSMENT: We Agree.Windows owned the 178 components to begin with, and the remaining 10 were ideas or expressions of ideas that cannot be copyrighted which renders the argument about the copyright infringement invalid.Apple Inc.s lawsuit backfired because their GUI contained ideas not completely exclusive to Apple.

GUI was theirs, and it may have their own claim on it but breaking the GUI down into parts proved the idea was not theirs to begin with.

Sources

Information:Joseph Myers, Casenote, Apple v. Microsoft: Virtual Identity in the GUI Wars, 1 RICH. J.L. & TECH. 5 (1995)

Images:

1. http://www.craigcarterassociates.com/site_images/legal-icon.png2. http://crowdvoice-production-bucket.s3.amazonaws.com/uploads/clipart/image/32/gavel.png