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[2]: dear Thom
by henderson101 on Thu 30th Aug 2012 22:19 UTC in reply to "RE: dear Thom"
henderson101
Member since:
2006-05-30

Facts are never facts, silly old chap. Wars are won by being the power that crushes all others in a conflict. History is written by the victors.

But that's not anything to do with what I said. You know what I meant, and if you didn't take it on board, I pity you.

Serious suggestion, take a break and chill. You're trashing your credibility and proving to be a very sore loser.

Reply Parent Score: -1

RE[3]: dear Thom
by Thom_Holwerda on Thu 30th Aug 2012 22:32 in reply to "RE[2]: dear Thom"
Thom_Holwerda Member since:
2005-06-29

OSNews is, and always will be, going with a flow - a flow determined by the interests of the person doing 99.9% of the news. Back when Eugenia did her thing, she had a flow too. A few months with a focus on this, then a few months a focus on that. The same applies to me. Right now, my focus is on the fact that I'm seeing history being rewritten before my very eyes, and I want to do something to counter that. That's my prerogative as the person doing 99.9% of the work here.

I will not hide or ignore facts that are inconvenient to you. I will not go out of my way to treat Apple fans any differently from any other fans. Much like how Windows 8 and Metro get their fair share of criticism from me, or Android's severe upgrade mess, I will not tone those down because I might step on a few toes. We're all adults here.

If I'm ostensibly lying or presenting false information - point it out and we all learn. If you feel my opinion is wrong, argue your case - much like I have to do every day here in the comments sections. You don't see me run away from that either. And, as always, feel free to write an article in case you want more prominence than a comment can give you. We point this possibility out time and time again, but somehow, people like you never take us up on it.

That you never take me up on the article offer, and the fact that you're failing to come up with arguments and instead just shout BIAS! makes it very clear to me I argued my case pretty damn well with this article.

Reply Parent Score: 9

RE[4]: dear Thom
by galvanash on Fri 31st Aug 2012 02:00 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.

Reply Parent Score: 6

RE[4]: dear Thom
by Jaktar on Fri 31st Aug 2012 22:48 in reply to "RE[3]: dear Thom"
Jaktar Member since:
2011-06-03

Keep up the great work Thom.

People want to be reassured that they "made the right choice". A lot of marketing is aimed at giving you a psychological boost directly to the emotional side of your brain to evoke strong emotions. By writing the facts, you can drive a wedge between reality and the fantasy world that has been marketed to people. At the end of the day, the facts are still the facts.

Reply Parent Score: 2