Linked by Thom Holwerda on Thu 30th Aug 2012 17:43 UTC
Legal We all know about Apple's look-and-feel lawsuit against Microsoft over Windows 2.0, but this wasn't the only look-and-feel lawsuit Apple filed during those years. Digital Research, Inc., the company behind GEM, also found itself on the pointy end of Apple's needle. Unlike the lawsuit against Microsoft, though, Apple managed to 'win' the one against DRI.
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RE[4]: dear Thom
by galvanash on Fri 31st Aug 2012 02:00 UTC in reply to "RE[3]: dear Thom"
galvanash
Member since:
2006-01-25

I actually agree with most of that. I have found myself agreeing with you on many things, and disagreeing on others. I often find myself defending Apple on some issue you post about, and other times the opposite. I say, for the most part, keep doing what you are doing.

That said, since you asked for points of objection about the current article...

Apple sued Microsoft, DRI, and HP not because they felt wronged, but because they were afraid of the competition that would result from these companies bringing credible user interfaces to IBM-compatible hardware. Since the Amiga was a separate and unique hardware platform, Apple knew Commodore would not be able to compete in the long term, so it didn't bother to sue Commodore.


Emphasis mine. I think that is a frankly a giant leap... Im not saying your wrong (you could be right), but the evidence you presented is definitely open to other interpretations.

Maybe they believed Amiga Workbench was different enough (it was pretty unique in many ways) that they would have trouble convincing a judge and jury to side with them on the few issues they could have attacked them on. Unlike the DRI and Windows 2.0 case, it is hard to make a case against Commodore over trade dress - workbench would never be confused with the GUI of a macintosh. They did have a "trash" icon, but it looked distinctly different than Apple's (unlike the one in GEM which looked almost identical) Other than the trash icon, almost all the other paradigms were distinctly different than other GUIs (include Macintosh)...

Anyway, Im not defending Apple at all. Im just playing devils advocate. I think the whole trade dress thing is, for the most part, stupid and nonsensical. I just think that maybe you are going overboard reading the dregs in the bottom of the tea cup - I don't think there is enough information to really say that Apple's litigation history boils down purely to fear of competition.

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