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Topic: Apple v Microsoft

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	APPLE COMPUTER, INC. v. MICROSOFT CORP., 35 F.3d 1435 (9th Cir. 1994) (Site not responding. Last check: 2007-10-14)
		Apple further asserts that in this case, the court had no occasion to dissect its works into discrete elements because Microsoft and HP virtually mimicked the composition, organization, arrangement and dynamics of the Macintosh,interface, as shown by striking similarities in the animation of overlapping windows and the design, layout and animation of icons.
		Apple's suggestion that its arm was twisted to provide this list of similarities and that it was somehow inappropriate for the district court to ask for a list and to rely on it, instead of considering the works as a whole, is misplaced.
		Both Microsoft and HP challenge the denial of their requests for attorney's fees under 17 U.S.C. 505.12 At the time of the district court's decision, controlling Ninth Circuit authority held that attorney's fees were not available to a prevailing defendant under 505 unless the plaintiff's action was frivolous or in bad faith.
	home.earthlink.net /~mjohnsen/Technology/Lawsuits/appvsms.html (6015 words)

	Apple Computer, Inc. v. Microsoft Corp. - Wikipedia, the free encyclopedia
		Apple lost all claims in the lawsuit, except that the court ruled that the trash can icon and file folder icons from Hewlett-Packard's now-forgotten NewWave windows application were infringing.
		Apple came up with a list of 189 GUI elements; the judge decided that 179 of these elements had been licensed to Microsoft in the Windows 1.0 agreement, and most of the remaining 10 elements were not copyrightable—either they were unoriginal to Apple, or they were the only possible way of expressing a particular idea.
		Apple's critics added that even if this were legally and ethically correct behavior, Apple wasn't the inventor of the GUI or the desktop metaphor in the first place.
	en.wikipedia.org /wiki/Apple_v._Microsoft (953 words)

	1988 Apple v (Site not responding. Last check: 2007-10-14)
		Apple's suit against Microsoft, alleging that Microsoft's Windows 2.03 infringes certain Apple Macintosh programs which generate the Macintosh graphic user interface, has become by far the most complex saga in software copyright litigation.
		However, Apple's case was dramatically narrowed when, in late July, a California federal court judge ruled that all but 10 of the visual displays were subject to a 1985 license agreement between Apple and Microsoft.
		In mid-December, in what may prove to be the coup de grace in the battle for ownership of the Macintosh "desk top metaphor" interface, Xerox filed suit against Apple seeking to have Xerox declared the owner of this interface and to have Apple's copyright registrations declared invalid.
	cispom.boisestate.edu /cis310emaxson/1988_apple_v.htm (201 words)

	Apple v. Microsoft: Virtual Identity in the GUI Wars
		Unfortunately, Apple chose to conduct this war on the complex and often confusing battleground of copyright law, which ultimately proved to be its downfall.
		Microsoft removed this provision from the agreement, and Apple agreed to the final draft which ommitted this language.
		Apple did not oppose Microsoft's summary judgment motion, as Apple's only remaining argument was that the environments were virtually identical.
	law.richmond.edu /jolt/v1i1/myers.html (3958 words)

	Apple v. Microsoft: The End at Last?
		In the Apple case, the District Court had ruled that the usual test for determining whether copyright infringement had occurred did not apply to functional or generic elements of a screen display.
		Apple refused to go to trial with this higher burden of proof and appealed the ruling to the Appellate Court.
		Apple’s options now include seeking further review from a larger appellate panel or the Supreme Court, which could refuse to hear the case.
	www.freibrunlaw.com /articles/articl12.htm (708 words)

	Senate to review Microsoft settlement - Nov. 28, 2001
		Microsoft has argued against a hearing since the settlement still is pending.
		Meanwhile, a proposed $1 billion settlement of the private consumer class-action lawsuit against Microsoft could be in jeopardy after a key witness said he had underestimated the amount of damages the world's biggest software maker should pay.
		Separately, Microsoft said Tuesday it has waived its right to a hearing before European regulators in that region's own antitrust case against the company.
	money.cnn.com /2001/11/28/technology/microsoft (571 words)

	Balloon Juice
		Apple Computer may be forced to pay royalties to Microsoft for every iPod it sells after it emerged that Bill Gates’s software giant beat Steve Jobs’ firm in the race to file a crucial patent on technology used in the popular portable music players.
		Although Apple introduced the iPod in November 2001, it did not file a provisional patent application until July 2002, and a full application was filed only in October that year.
		Microsoft is famous for “partnering ” with a company, gaining advantage from the relationship, dumping the partner, then claiming anything out of the relationship as their own.
	www.balloon-juice.com /?p=5271 (643 words)

	Apple - Mac OS X - Applications - Microsoft Office 2004 for Mac
		Microsoft gives Word 2004 a Notebook layout view to aid note taking.
		Mix and match features from Microsoft, Adobe and Apple applications with your own data to produce projects of unprecedented scope with little outside help.
		Try out Microsoft Office to see if it suits your work.
	www.apple.com /macosx/applications/office (542 words)

	Notable litigation of Apple Computer - Wikipedia, the free encyclopedia
		In September 2003, Apple Computer was sued by Apple Corps again, this time for introducing iTunes and the iPod which Apple Corps believed was a violation of the previous agreement by Apple not to distribute music.
		Apple was granted a UK restricted (non music) trademark for iTunes on March 23, 2001, and launched its popular iTunes music store service in the UK in 2004.
		In 2005, Apple took the matter to the Dispute Resolution Service operated by.uk domain name registry Nominet UK, stating that they had rights in the name "iTunes" and that the use of the domain name by Cohen's company was abusive (these being the two tests under the Dispute Resolution Service).
	en.wikipedia.org /wiki/Notable_litigation_of_Apple_Computer (1771 words)

	IT-Analysis.com - Robin Bloor - Novell V SCO, ESP, Apple V Micro (Site not responding. Last check: 2007-10-14)
		Microsoft is, at the moment, fighting a rearguard action on several fronts.
		Microsoft's problem here is that the official release of Vista will probably turn into an Apple v Microsoft beauty contest, with Apple releasing its next version of OS X (Leopard) when Vista is officially released.
		It's unlikely that Microsoft will be able to do anything with Vista to win back the customers it is now losing to Apple and it now runs the risk of being upstaged on the official release.
	www.it-analysis.com /blog/92/8018/?ref=itabl_92 (1327 words)

	Daring Fireball: Confidence Game
		Microsoft’s Windows business is built around selling operating systems to PC manufacturers; the only competition they face is from open source operating systems.
		Apple spent much of the ’90s fighting the perception that it was on the verge of going out of business.
		Microsoft has been late with major new operating systems before — in fact, to my memory, major new versions of Windows have always arrived a year or two later than they were originally promised.
	daringfireball.net /2006/05/confidence_game (2181 words)

	COMPUTER HISTORY - MICROSOFT VERSUS APPLE (Site not responding. Last check: 2007-10-14)
		See the Genealogy of the Microsoft and Apple (this is all all one needs to know the full story of Apple and Microsoft) It is all in the History.
		MICROSOFT had cloned the computer population with DOS by 1983, with 26% of the market compared to Apple's 9%.
		Microsoft put Windows on top of DOS in 1985 because they wanted to get Windows out quick to keep up with the competition and to be compatible with all that software out there.
	www.jmusheneaux.com /9000b.htm (5591 words)

	Downloads (Site not responding. Last check: 2007-10-14)
		Microsoft Messenger is a free and an easy way to take advantage of the full power of instant messaging.
		Microsoft Outlook Express 5 Macintosh Edition is a free e-mail program for Mac OS 8.1 to 9.x.
		Together with Microsoft Exchange Server, the Microsoft Outlook for Mac messaging and collaboration program makes it easier to communicate, collaborate, and share information with others, whether they're using a Macintosh or Windows-based computer.
	www.microsoft.com /mac/download/default.asp (437 words)

	Copyright
		One of the main problems with Apple's defense is that they relied too heavily upon the 'look and feel' phrase, which is not an actual legal term.
		Apple claimed that the "look and feel" of the Macintosh user interface, taken as a whole, was protected by copyright, and that each individual element of the interface (for instance windows that were rectangular, resizable, overlapping and had title bars) was not as important as all these elements taken together.
		Apple was a substantial contributor as reminded by Bruce Horn in On Xerox, Apple and Progress
	pagebox.net /copyrightForPrinters.html (9066 words)

	washingtonpost.com: Microsoft
		Attorney General John Ashcroft meets reporters at the Justice Department in Washington Friday, Nov. 2, 2001 to discuss a proposed settlement in the Microsoft antitrust case.
		Nearly one year later a federal appeals court reversed the decree, denouncing the judge, but still found Microsoft broke federal antitrust law.
		A federal appeals court reversed parts of a $521 million patent ruling against Microsoft Corp. on Wednesday, giving the world's largest software maker another chance to prove that its Web browser didn't illegally copy a key piece of technology.
	www.washingtonpost.com /wp-dyn/business/specials/microsofttrial (303 words)

	Apple v. Microsoft (Site not responding. Last check: 2007-10-14)
		Three Apple engineers and three Microsoft employees are traveling by
		The Microsoft employees take their respective seats but all three Apple
		walks over to the restroom where the Microsoft employees are hiding.
	villa.lakes.com /BLiNDPiG/jokes/apple_v_microsoft.htm (196 words)

	U.S. v. MICROSOFT
		Microsoft is therefore not entitled to summary judgment on
		Microsoft seeks to justify the restrictive provisions in its ISP agreements by arguing that
		Microsoft's principal defense of the exclusionary provisions in its OEM agreements is an
	www.usdoj.gov /atr/cases/f1900/1914.htm (13755 words)

	Microsoft to Apple: Happy Birthday! - The Unofficial Apple Weblog (TUAW)
		Truth is, Apple should be thanking Microsoft for sticking through the lean times.
		The truth is, as much as we all revel in the Microsoft v.
		The Unofficial Apple Weblog (TUAW) is a member of the Weblogs, Inc. Network.
	www.tuaw.com /2006/04/08/microsoft-to-apple-happy-birthday (1377 words)

	krsaborio.net - computer research - legal - apple v. microsoft (Site not responding. Last check: 2007-10-14)
		krsaborio.net - computer research - legal - apple v.
		krsaborio.net Â» Research Â» Legal Â» Apple v.
		880323 Apple and Microsoft Disclose a 1985 Pact
	www.krsaborio.net /research/legal/apple.htm (268 words)

	WWDC: Apple blasts Microsoft's Longhorn \| MacMinute News
		At its Worldwide Developers Conference, Apple has taken a rather large shot at Microsoft's Longhorn, the next major release of Windows.
		In its boldest move to date, Apple is displaying several banners for Mac OS X 10.4 "Tiger" at the Moscone Center in San Francisco that make it quite clear the company's feelings toward Microsoft and the software giant's upcoming operating system.
		Apple shares climb due to positive earnings report
	www.macminute.com /2004/06/27/tigerbanners (118 words)

	VVI — Vvision Example (Site not responding. Last check: 2007-10-14)
		If a slowdown or failure had occurred then it would have been immediately observable.
		To see current transfer rates and times click one of Apple or Microsoft for the respective company's results.
		Vvision can be setup to monitor virtually any type of data, issue alarms, notify operators and help analyst better determine operational issues.
	www.vvi.com /vvision/example.html (107 words)

	I, Cringely . January 9, 2003 - Free Flight \| PBS (Site not responding. Last check: 2007-10-14)
		The fussy old toad pictured here was the original “I, Cringely” mascot, circa 1997.
		Why Apple is Pulling Away From Microsoft and Can't Afford Not to Do It By Robert X. Cringely
		So that's what is behind these new Apple products. All the pundits said Apple couldn't afford to do any new products for MacWorld, but seen this way Apple couldn't afford not to. But why didn't they put a numeric keypad on that 17-inch PowerBook? Beats me.
	www.pbs.org /cringely/pulpit/pulpit20030109.html (93 words)

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