From: rbarris@orion.oac.uci.edu (Robert C. Barris)
Subject: MS Lawsuit
Newsgroups: comp.sys.mac.misc
Organization: University of California, Irvine
Date: 15 Apr 92 23:20:57 GMT
Distribution: usa

I saw this text on AOL and thought it would be good to post it here.

MICROSOFT STOCK JUMPS FOLLOWING COPYRIGHT RULING AGAINST HEWLETT-PACKARD SAN
FRANCISCO (APRIL 15) UPI - Shares of Microsoft Corp. soared Wednesday following
a federal judge's ruling dismissing most of Apple Computer Inc.'s arguments in 
a copyright infrigement suit against the software giant and Hewlett-Packard
Co. 

Microsoft shares jumped $11.25 to $128.25 a share in over-the-counter trading,
while Hewlett-Packard shares were up $1.25 to $81.125 a share on the New York
Stock Exchange. 

Apple, of Cupertino, Calif., sued Microsoft, of Redmond, Wash., and
Hewlett-Packard, of Palo Alto, Calif., in 1988, claiming that Microsoft's
Windows program and Hewlett-Packard's New Wave program illegally infringed on
copyrights for the visual images used in its Macintosh line of personal
computers. 

The ruling by U.S. District Judge Vaughn Walker granted virtually all of the
requests by Hewlett-Packard and Microsoft for dismissal of Apple's arguments
that it had copyright protection for Macintosh characteristics. Walker ruled
that Microsft had the rights, under a 1985 license, to all the technologies in
Microsoft's first version of version of Windows. 

Walker also threw out most of Apple's claims against Hewlett-Packard. 

"We are very pleased with Walker's ruling," said William H. Neukom, Microsoft
vice president of law and corporate affairs. 

"While the case is not over, we have taken a big step forward. We look forward
to his written order and will have a more comprehensive response after we have
studied it." 

Walker did not rule on whether the Microsoft and Hewelett-Packard programs are
substantially similar as a whole to Apple's in a way that infringes on Apple's
copyrights. 

He also left open question on whether parts of a newer Windows version 3.0
infringes on certain Apple rights and whether Hewlett- Packard has the right to
use the on-screen symbol of the trash can, used for such tasks as clearing
files. 

Apple boosted the amount last month it sought in copyright infringement damages
from software giant Microsoft Corp. by more than $1 billion to $5.55 billion. 

Few software copyright suits have managed to work their way through the courts
so the case could play a big role in setting precedent on copyright software
laws. Since the suit was filed, Microsoft has managed to dominate software for
personal computers with the runaway success of Windows at the expense of
Macintosh sales. 

Apple was seeking lost profits of $3.12 billion from the depressed selling
prices of Apple products resulting from the presence of Microsoft Windows in 
the market. 

Apple also wanted $2.43 billion in revenues from Microsoft Windows and other
Microsoft products that operate on the Windows graphical environment, such as
Excel for Windows and Word for Windows. 

Walker could decide all of the case or a portion of it and leave the rest for a
jury trial. If the suit goes to trial, it could take until next year to resolve
the case. 

Transmitted:  92-04-15 16:41:00 EDT