Preview

Apple vs Microsoft - 1

Powerful Essays
Open Document
Open Document
2416 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Apple vs Microsoft - 1
LEGAL ASPECT OF MANAGEMENT
LEGAL ISSUE BETWEEN APPLE AND MICROSOFT FOR USE OF CERTAIN ELEMENTS OF GRAPHICAL USER INTERFACE

UNDER GUIDANCE OF MANEESH YADAV BY ASHISH KUMAR SECTION- A JL12PGDM042

Full case name - Apple Computer, Inc. v. Microsoft Corporation and Hewlett-Packard Co. Date decidedSeptember 19, 1994 Apple Computer, Inc. v. Microsoft Corporation, was a copyright infringement lawsuit in which Apple Computer, Inc. (now Apple Inc.) sought to prevent Microsoft and Hewlett-Packard from using visual graphical user interface (GUI) elements that were similar to those in Apple's Lisa and Macintosh operating systems. The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]. [1] In the midst of the Apple v. Microsoft lawsuit, Xerox also sued Apple alleging that Mac's GUI was heavily based on Xerox's. [2] The district court dismissed Xerox's claims without addressing whether Apple's GUI infringed Xerox's. [3] Apple lost all claims in the Microsoft suit except for the ruling that the trash can icon and folder icons from Hewlett-Packard's New Wave windows application were infringing. The lawsuit was filed in 1988 and lasted four years; the decision was affirmed on appeal in 1994, and Apple's appeal to the U.S. Supreme Court was denied.

CONTENTS
INTRODUCTION BACKGROUND COURT CASE IMPACT PATENT LAWS INVENTIONS PATENTABLE INFRINGEMENT OF PATENT REMEDIES FOR INFRINGEMENT OF PATENT COPYRIGHT LAWS REMEDIES FOR INFRINGEMENT OF COPYRIGHT CONCLUSION 3

INTRODUCTION

Apple Inc. formerly Apple Computer Inc. is an American multinational corporation that designs and sells consumer electronics, computer software, and personal computers. The company's best-known hardware products are the Macintosh line of computers, the iPod, the iPhone and the iPad. Its software includes the OS X and iOS operating system; the iTunes media browser; and the iLife and iWork

You May Also Find These Documents Helpful

  • Better Essays

    In 1980, George Harrison noticed an apple in an ad for computers. He thought this infringed upon Apple, the Beatles Record company trademark and filed suit. In 1981, Apple Computer agreed to stay out of the music business. In 1991, Apple Corp. filed suit against Apple Computer for trademark infringement again and settled out of court for 26.5 million dollars. The two companies divided up the apple universe, indicating where each could use the apple symbol. In 2001, Apple Computer introduced online iTunes Music Store which had a huge impact on the music retail industry. In 2003, Apple Corp. again sued Apple Computer stating music was being stolen from them. Apple Computer was protected because downloads of music are comprised of digital data, and the distribution of digital entertainment content is permitted in the 1991 agreement.…

    • 978 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Apple Inc has been a computer company with ups and downs in its career. There innovative ideas have always been bold and fresh for a computer hardware/software company. In the 90’s Apple started a campaign to give the Apple a lead on Microsoft, however this idea did not have the outcome that was…

    • 734 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    • In July 1994, officials at the Department of Justice ("DOJ"), on behalf of the United States, filed suit against Microsoft, charging the company with, among other things, unlawfully maintaining a monopoly in the operating system market through anticompetitive terms in its licensing and software developer agreement.…

    • 1017 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Mac vs Pc

    • 770 Words
    • 4 Pages

    Everyone knows of the popular household names Apple and Microsoft. Apple was started by Steve Jobs and Steve Wozniak. They created the first Apple computer in Jobs’ parents garage in the 1970’s. They knew that they had created something great so they called their company Apple. Bill Gates on the other hand created Microsoft. He never made a computer; what he did was create software and put it on other computers. Allegedly, Bill Gates stole Apple’s Macintosh prototype software from Steve Jobs. Gates only received the prototypes because Jobs thought he could trust Gates, but he was sorely mistaken. These two popular household names are similar, but they have differences such as ability to customize, operating system, price, and virus protection.…

    • 770 Words
    • 4 Pages
    Good Essays
  • Good Essays

    PC vs Mac

    • 595 Words
    • 2 Pages

    Deciding whether to make an investment in a Windows PC or an Apple Macintosh provides unique technological features. Both the Personal Computer and the Macintosh have their own advantages and disadvantages. Although PCs are the dominant choice for a computer, the Macintosh still competes toe to toe in many aspects of performances. Elements such as cost, customization, and security, all add to the conflict of which computer is ultimately superior.…

    • 595 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Why Invest in Apple Inc.

    • 1620 Words
    • 7 Pages

    Apple is classified as a technology industry company that designs and markets the following hardware; Mac personal computers, iPhone smart telephones, iPad personal tablet computers, and iPod personal mini-computing and music playing devices. The company also operates their own music sales store using…

    • 1620 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The case MICROSOFT CORP. v. AT&T CORP. (No. 05-1056) 414 F. 3d 1366, reversed, will decide whether Microsoft’s accountability expand to computers made in another country when laden with Windows software copied out of the country from a master disk or electronic transmission dispatched by Microsoft from the United States. The respondent AT&T Corporation brought this copyright contravention action against petitioner Microsoft Corp., alleging so as to computers loaded with petitioner's Windows(r) operating system violates respondent's patent interrelated to digitally recorded speech. After the petitioner accepted liability as to Windows-based computers manufactured and sold in the United States, the district court held that the petitioner was also accountable for Windows-based computers manufactured and sold outside the United States.…

    • 741 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Bus311

    • 2336 Words
    • 10 Pages

    Lomio, J. P. (1990, June). Intellectual Property Law and the Protection of Computer Programs. 13(3), p. 31. Retrieved May 2013, from http://search.proquest.com.prosxy.library.ashford.edu/docview/213823477?…

    • 2336 Words
    • 10 Pages
    Best Essays
  • Good Essays

    Apple - History

    • 5761 Words
    • 24 Pages

    In 1986 Apple introduced its Mac Plus and LaserWriter printers. Shortly after, Apple formed the software company that later became Claris. By the 1980s Microsoft brought new competition with the Windows operating system (OS) which was similar to Apple's graphical interface. Apple sued Microsoft but lost its claim due to the 1992 copyright protection.…

    • 5761 Words
    • 24 Pages
    Good Essays
  • Better Essays

    Apple vs Microsoft

    • 1309 Words
    • 6 Pages

    Both of these companies have come a long way over the years. With Microsoft’s operating system being Windows 7 and Apples being OS X Lion, both systems have their perks depending on…

    • 1309 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Barraging Power Accg 301

    • 1892 Words
    • 8 Pages

    Apple Inc. is an American multinational corporation that designs and markets consumer electronics, computer software, and personal computers. The company's famous hardware products include the Macintosh line of computers, the iPod, the iPhone and the iPad.…

    • 1892 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    “Apple Inc.” which was formerly known as “Apple Computer Inc.” is a consumer electronics company with its base worldwide. The company designs, develops and sells computer software’s like IOS as well as computer…

    • 722 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    apple vs samsung

    • 545 Words
    • 2 Pages

    That's it. The design patents (generically known as "trade dress") actually seem the least important here, since even Apple admits that many other manufacturers of touch devices have both physical and home page designs that don't infringe Apple's patents. Apple's complaint against Samsung was more about the totality of Samsung's designs than about specific individual infringements, and it's possible that Samsung really did go too far in slavishly copying Apple's look and feel. Still, even if they did, that doesn't affect the rest of the world much.…

    • 545 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Ethical Evaluations

    • 852 Words
    • 4 Pages

    In 1987, Microsoft virtually copied Apple's OS, and this resulted in a copywrite lawsuit. Apple lost the suit. In my estimation, I would have considered this…

    • 852 Words
    • 4 Pages
    Better Essays
  • Good Essays

    The case against Microsoft was brought buy the U.S. Department of Justice, as well as several state Attorneys General. Microsoft is accused of using and maintaining monopoly power to gain an unfair advantage in the market. The case has been under observation for a long time, but the Justice department is having trouble coming up with substantial evidence against Microsoft. Specifically, the Department must prove:<br><li>That Microsoft has monopoly power and is using it to gain unfair leverage in the market.<br><li>And that Microsoft has maintained this monopoly power through "exclusionary" or "predatory" acts(Rule).<br><br>Some say that Microsoft is only taking advantage of its position in the market and using innovative marketing strategies to attract new customers. They have chosen to implement a market development strategy to attract new customers who are looking for a system that has Internet capability. Microsoft feels that by integrating their Internet Explorer web browser technology into Windows, they are only improving its overall functionality available to the customer. <br><br>Microsoft began expanding into the browser area because of increasing threat from Netscape and Java. Java is the programming language used to make Netscape. Programs that are written in Java can work on any PC, whether it has Windows on it or not. That is why there is a great threat to the Windows environment. The more Netscape is used, the more other vendors will begin writing Netscape compliant programs and the more Java will be used, which puts a damper on Windows. So Windows introduced their Internet explorer to combat the increasing Netscape usage. It did not do this to create a monopoly, but to protect itself. If people realize that Java programs can be run on ANY PC, then they will realize that they do not need to buy Windows. <br><br>Some say that Microsoft began it 's "illegal" agenda when it began requiring PC manufacturers to sign a license agreement that said that if…

    • 1222 Words
    • 5 Pages
    Good Essays