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er, Inc. \vs. Microsoft Corporation GUI L

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VS

Creators: Steve Jobs and Steve Wozniak (1976)

Were inspired to create their own computer machine due
to 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.

Microsoft
Partners: Bill Gates and Paul Allen
Vision: A computer on every desktop in every home
Creation: Microsoft Disk Operating System (MS-DOS) 1975
(Word Processor and New Language)
Con: Effective but not user-friendly

1970s
Xerox
Corporation
developed a
graphical
user interface
(GUI)
1979
Xerox decided
not to market it
but
demonstrated it
to reps of apple

Intel
Corporation,
developed new
chips also
capable of
running a GUI

Apple 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-friendly

1983
Microsoft
announced plans
to develop
Windows

1985
Windows
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.
1987
Windows
version
2.0

Agreement 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 onscreen information
Midway through the
suit, Xerox filed a
lawsuit against Apple
claiming Apple had
infringed copyrights
Xerox held on its GUIs.
This was dismissed.

Background of Dispute [Main Points]

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-like

Start of Court Trials/ Dispute

THE DISPUTE
March 17, 1988 | Apple filed a suit against Microsoft because GUI
elements were similar to Lisa and Macintosh OS
\

Look
2 and feel of Mac OS.

GUI elements (179 licensed to Microsoft in Windows 1.0 agreement)

were not violations due to the Merger Doctrine.
rger doctrine - ideas cannot be copyrighted nor expression of ideas.

Lawsuit
lasted 4 years
4

THE DISPUTE
MIDWAY | XEROX filed a suit against Apple. Their claim: Apple
infringed their copyrights held on its GUIs
\

MIDWAY
| Xerox case was dismissed. *A defensive move
6

rict Court required a standard of virtual identity between

and Microsoft in order for Apple to prove copyright infringement

Apples Rebut | A more broad "look and feel" was all

8 should be necessary at trial
that

THE DISPUTE
Apple filed an Appeal to the Ninth Circuit Court of Appeals
to have the district court's characterization overruled
\

District
10 Court in favor of Microsoft

e disagreed. Whole Interface > Individual Elements

11

Circuit court: Almost affirmed the rulings of district court but sent the case
12 to the district court to resolve the issue.
back

THE DISPUTE
Circuit court dissected the GUI to separate expression from ideas

13

\
District Court: Apple are not allowed to make copyright claims
based
14 on the ideas of a basic GUI but only on the precise expression.
PLUS stated that Apple failed to prove its originality.

es Defense: returned to complete look and feel argument claiming

11
the GUI was original

Court:
12 REJECTED apple because parts were not original.

VERDICT
Apple

\
claims were denied
lost their biggest edge
over competitors

Microsoft

More infuence with

future improvements
Microsoft Windows has
a huge market share
over Apple Mac

3 years after,
Apple and Microsoft made
an agreement that
Microsoft will still develop
Office for Macintosh.
Microsoft gave $150
Million worth of cash as
bailout

ASSESSMENT: We Agree.
Apple Inc.s lawsuit backfired because their GUI
contained ideas not completely exclusive to Apple.
\ and it may have their own claim on it
GUI was theirs,
but breaking the GUI down into parts proved the idea
was not theirs to begin with.
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.

Sources
Information:
Joseph Myers, Casenote, Apple v. Microsoft: Virtual Identity in the
GUI Wars, 1 RICH. J.L. & TECH. 5 (1995)
<http://www.richmond.edu/jolt/v1i1/myers.html>
Images:
1. http://www.craigcarterassociates.com/site_images/legal-icon.png
2.
http://crowdvoice-production-bucket.s3.amazonaws.com/uploads/cli
part/image/32/gavel.png