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Conference noted::hackers_v1

Title:-={ H A C K E R S }=-
Notice:Write locked - see NOTED::HACKERS
Moderator:DIEHRD::MORRIS
Created:Thu Feb 20 1986
Last Modified:Mon Aug 03 1992
Last Successful Update:Fri Jun 06 1997
Number of topics:680
Total number of notes:5456

407.0. ""Look and Feel" Copyright Suit" by VAXUUM::DYER (Aiigh!!!) Thu Feb 12 1987 12:29

 Summary: Please send all the examples you know of similar developments.

 As some of you know, Lotus Development Corp. is suing some other software
 companies who market programs with functionality similar to Lotus 1-2-3.
 Lotus claims copyright infringement on the grounds that the other programs
 have copied 1-2-3's "look and feel" (they do NOT claim that any code or
 documentation was copied).

 Dan Bricklin, the author of VisiCalc, is compiling a list of examples
 of programs or machines that duplicate the functionality, features, or
 "look and feel" of previously-released programs, which he hopes the
 defendants of the suit will be able to make use of.  We at the Free
 Software Foundation are helping him since the outcome of this case
 affects everyone's freedom to write and distribute any kind of program
 they want to.  We're asking netnews readers to please think of as many
 examples as they can and mail them to:

	 send-in-the-clones@prep.ai.mit.edu (Internet),
 or
	 mit-eddie!mit-prep!send-in-the-clones (uucp).

 We will forward all the messages we receive to Dan Bricklin.  I will
 also send a summary to mod.legal if people are interested.  PLEASE
 REPLY BY MAIL, NOT TO THE NET.

 Here are some of the examples we already have, to give people an idea of
 what we're looking for:

   * CPU's made by Amdahl and others that emulate IBM mainframes.
   * Ashton-Tate "Multiplan", which includes some features of the Wang
     dedicated word processor
   * Richard Stallman's EMACS editor has been imitated any number of times.
   * Imitations of the IBM PC BIOS which run in nearly all the PC clones.
     The PC clones would be useless without doing this.
   * 1-2-3's central idea comes from VisiCalc.
   * The Unix user interface has been imitated many times, both in complete
     systems (Idris, Coherent, Minix, MARC, GNU, etc.) and in program suites
     that just clone the utilities (e.g. Software Tools; nearly every
     microcomputer C compiler I've seen comes with a few of these).
   * All C compilers implement a special language (C) that used to be
     available only as part of Unix.

 Non-computer examples (such as the Walkman) are ok too.
T.RTitleUserPersonal
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407.1AuthorshipVAXUUM::DYERAiigh!!!Thu Feb 12 1987 12:303
The preceding note was written by someone at the Free Software Foundation
 (Project GNU).
  <_Jym_>
407.2That's not just absurd....FROST::HARRIMANArguments...Agreements...AdviceThu Feb 12 1987 19:3422
    What a ludicrous thought. If "look and feel" were copyright-able
    we would not have:
    
      telephone keypads by companies other than Western Electric
       QWERTY keyboards with "IBM" sculptured keys (vt100's for instance)
        DEC would be in trouble; the LK201 "looks" sort of like an IBM
        PC keyboard.
    
    What about all those automobiles that "look and feel" like European
    sedans? 
    
      We would never have competition without making competitive products
    look and feel similar. What user (of ANYTHING) wants to learn to
    use (or HAVE to learn to use) incompatible competing products???
    
    In the software arena, they call similar products "standardized".
    That's why they have standards, isn't it? So one implementation
    of BASIC or COBOL or LISP or PASCAL works on another machine, right?
    
    <flame off, for now>
    
    /pjh
407.3PASTIS::MONAHANFri Feb 13 1987 06:5418
    	Suspension bridges.
    
    	I am afraid you will have to take that thing in San Francisco
    down - it has the same look and feel as the Avon suspension bridge
    (though I admit it is a little larger).
    
    	It is worth noting that copright lasts a lot longer than patents.
    In Britain, a patent normally lasts 10 years, though extensions
    are possible, but no extensions are granted beyond 25 years. Copyright
    lasts for 100 years - it is only in the last few years that you
    can reprint Dickens without paying royalties to his descendants.
    Suspension bridges are certainly out of patent protection (if they
    ever had any), but are possibly not out of copyright protection
    (if they are copyrightable). Maybe someone from the Bristol office
    can confirm the age of the Avon bridge ? :-)
    
    	Dave
    
407.4GNUVAX::LIBRARIANWatch closely, there's a signpost up ahead...Fri Feb 13 1987 19:069
    
    Digital recently (last year or two) lost a suit against a company
    called C. Itoh for infringing (stealing) the (you guessed it) 'look and
    feel' of the VT220. It was a lot more that look and feel, if you took
    the labels off the two terminals one would be hard put to tell the
    difference between the two. The judge didn't buy it. 'Look and feel'
    is just too intangable.
    
    					Lance
407.5STAR::PIPERDerrell Piper - VMS DevelopmentSun Feb 15 1987 14:455
>    difference between the two. The judge didn't buy it. 'Look and feel'
>    is just too intangible.
    
    The judge did rule though, that C. Itoh had to redo their manuals.
    It seems they Xeroxed part of the DIGITAL VT200 character tables :-)
407.6C. ItohTLE::RMEYERSRandy MeyersTue Feb 17 1987 21:1511
Re: C. Itoh

I seem to remember that there was a bit more than "look and feel" in
the Digital case against C. Itoh.

C. Itoh added a few extra setup options to their terminal.  Remember that
the VT200 series has setup menus in several languages.  So does the C.
Itoh terminal.  But only for the DEC standard setup options;  all their new
options are only in English.

Just like their had dumped the DEC ROMs, and had stuck in a few extra features.
407.7Apple vs. Digital ResearchSHEILA::PUCKETTBack off man! I'm a Specialist!Mon Mar 02 1987 08:276
This one is, at least to me, the Look and Feel Test Case: Apple winning a
suit against Digital Research, forcing the latter to make its GEM windowing
user interface look less like that of the Macintosh, which itself had, by
Apple's own admission, the Look and Feel of a Xerox worstation.

= Giles =
407.8ERIS::CALLASSo many ratholes, so little timeMon Mar 02 1987 19:523
    Apple didn't win. DR settled out of court. That's *very* different.
    
    	Jon
407.9This is getting interestingFROST::HARRIMANbicker,bicker,bickerMon Mar 02 1987 20:325
    I'm curious; what was the final outcome of that? Did Digital Research
    end up paying money to Apple? Or was the settlement discussed?
    
    /uninformed_in_vt.
    
407.10ERIS::CALLASSo many ratholes, so little timeTue Mar 03 1987 11:595
    Yes. DR paid Apple some amount of money that I don't remember. Most
    observers I read agreed that it was cheaper than paying lawyers
    to fight the suit.
    
    	Jon
407.11wasn't a look and feel casePEANO::GLASERSteve Glaser DTN 226-7646 LKG1-2/A19Sat Mar 14 1987 14:577
    I don't think this was a look and feel case.  Apple has a patent
    on the pull down menu style used on the mac.  While you may argue
    about the validity of this patent, DR didn't want to and changed
    GEM to use a different scheme (drop down menus).  There may have
    been money transfered as well (I don't remember).
    
    Steveg
407.12Not only DRIMAY20::MINOWI need a vacationSun Mar 15 1987 17:3913
The Atari ST uses the DRI GEM desktop which, as was noted, is similar
ti the McIntosh desktop (and to the Xerox Smalltalk interface and to
the user interface in many Lisp workstations).

The agreement between DRI and Apple requires DRI to lobotomize their
implementation (windows may not overlap, for example).

Atari does not intend to change their implementation.  It is rumored
that Jack Tramiel (pres. of Atari) would have no objection to being
sued by Apple.

Martin.

407.13There's lots of loose talk about this caseERIS::CALLASSo many ratholes, so little timeTue Mar 17 1987 19:0111
    re .11:
    
    Since it never got to court, speculating about whether it would be a
    look-and-feel case is precisely that, mere speculation. 
    
    Are you sure Apple has a patent on pull-down menus? I really find that
    hard to believe, given all the known instances of pull-down menus long
    before Apple ever did one. On the other hand, it may be a useless
    patent like the one Digital has on the IF/THEN/ELSE statement.
    
    	Jon
407.14"Look and Feel" v. "Visual Copyright"TLE::RMEYERSRandy MeyersWed Mar 18 1987 19:0718
Re: .12

Byte reported sometime last year that one of the points of contention
between DRI and Apple was the look (I guess not the feel) of the GEM
trashcan.  DRI changed the look of their trashcan when Apple told DRI
that Apple was going to aggressively protect their "visual copyright."

I wonder if the GEM trashcan immediately destroys what you place in it
because it because DRI was worried about the "feel" of the Apple trashcan?
(On the Macintosh and the Amiga you can pull files back out of the trashcan.)
DRI was somewhat vulnerable to the Apple attack because DRI still hasn't
recovered from their disastrous loss of revenue when CPM died:  DRI's
revenues fell from a $40 million a year to a $1 million a year.

I wouldn't be surprised if Tramiel decided to take on Apple.  Atari is in
a much better position than DRI to fight a lawsuit, and Tramiel is on
public record as saying that it is sometimes cheaper to fight a lawsuit
than to honor a contract.  He is quit a feisty character.
407.15Patent on IF/THEN/ELSE...what!PANIC::SHORTPeter Short, Office Systems Unit, LondonThu Mar 19 1987 13:2811
    an aside to the real issue
    re .13
    
>   before Apple ever did one. On the other hand, it may be a useless
>   patent like the one Digital has on the IF/THEN/ELSE statement.

    Whats this about a Digital patent on IF/THEN/ELSE, if its in another
    note/conference please let me know.
    
    
    interested_in_history_of_DEC
407.16Frontiers of Computer ScienceERIS::CALLASSo many ratholes, so little timeThu Mar 19 1987 16:5215
    re .15:
    
    Last fall, Roger Heinen received a patent on some work he did. He
    invented a technique whereby the computer looks at some condition (like
    a variable being equal to some value or something like that) and if the
    condition is true, one path of code is executed, while if the condition
    is false, another path is executed. Roger was giggling about it
    himself.
    
    By the way, this revolutionary concept was invented in the VAXELN
    debugger.
    
    There is a similar patent that IBM has for XOR.
    
    	Jon