Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
Apple Businesses

Apple Gets Testy About GUI 579

ShogZilla writes "Apple threatened Skinz.org (a windows "skins" site) & Stardock (makers of the win32 app "windowblinds") with legal action if a certain skin The problem? The skin (winaqua) alters WinOS window frames to mimic the Mac OS Aqua appearance - kinda. It's very altered, the graphics are custom, & the layout is different - but that doesn't appear to matter. After the threat, both sites initially complied, but have reconsidered & have reposted the skin; it does not use any graphics from aqua, it does not contain any mac logos etc; it's an original work - just inspired by the aqua GUI. " I'm still waiting for an Aqua theme for E - Aqua just looks so darn /purty/.
This discussion has been archived. No new comments can be posted.

Apple Gets Testy About GUI

Comments Filter:
  • So what does that mean for KDE and GNOME etc. Will themes.org be getting cease and desist letters?

    -- Steve

  • by Imperator ( 17614 ) <(slashdot2) (at) (omershenker.net)> on Thursday January 13, 2000 @02:22AM (#1376944)
    Why is it that Microsoft never has any trouble with anyone copying their GUI? You'd think with all the innovations they make in Windows Technology, they'd be suing some of the Linux longhairs for violating their intellectual property rights.

    :)

  • by mbyte ( 65875 ) on Thursday January 13, 2000 @02:24AM (#1376945) Homepage
    No .. its not for E .. but for sawmill ...

    go to : http://sawmill.themes.org/ themes.phtml?themeid=947266463 [themes.org]
    I'm using it quite for a while ..
    And ... to make thing really pretty use :
    http://gtk.themes.org/themes.p html?themeid=947543904 [themes.org] the matching GTK theme ! YEAH !

  • by ecampbel ( 89842 ) on Thursday January 13, 2000 @02:35AM (#1376951)
    Don't you think Apple deserves to be able to protect Aqua's GUI? Apple has spent thousands of man-hours creating this look for the future OS, and these themes authors have simply lifted it. Unfortunately, the courts don't seem to agree that Apple deserves any protection. It's funny how Apple can sue over the look of their computers, but not their OS? Perhaps Apple can look closely at the themes on these sites, and see if there are any instances where the authors lifted elements from the QuickTime movies on Apple's MacOS X site [apple.com].

    Luckily for Apple, Aqua is a lot more then just a theme. It adds transparency to the entire interface and other refinements that a theme simply cannot duplicate. No one can claim that adding a Window's theme to a Mac or Mac theme to a Windows machine, in anyway duplicates the GUI of the other platform. The GUI is a lot more than a simple theme.
  • They want to protect a finally cool product after years of boring, crappy products.


    Life sucks, kill a friend today.

    Be careful how you respond,

  • by jd ( 1658 ) <imipakNO@SPAMyahoo.com> on Thursday January 13, 2000 @02:39AM (#1376955) Homepage Journal
    1. Apple copy Xerox' GUI
    2. Microsoft copy Apple
    3. Apple sue Microsoft
    4. Apple looses
    5. Skin-writers copy Apple
    6. Apple sues skin-writers
    7. ??? To Be Continued ???
  • by Bent Udder ( 95915 ) on Thursday January 13, 2000 @02:41AM (#1376957) Homepage
    What completely freaked me out about the whole Look and Feel case was that Apple was so clearly in the wrong - it had licensed it's technology to Microsoft - and that it had *did not plan* for the possibility that it wouldn't win the case. I love and use Apple products, but there's no excuse for arrogance and NIH. It also looks like Stardock saw the Aqua interface before it was announced at Macworld - the press release announcing and debuting the new skin was released only a few hours after the keynote. Either someone was working *really* fast or they had prior knowedge. At this stage it's difficult to tell because the details are not clear. Another thing; Stardock originally called the skin Object desktop. Check the Stardock press release. [stardock.net] Oh, and check out As The Apple Turns [infoxczar.com] for a lighter view of the situations. If you don't get it the first time, trawl through their tape library. [infoxczar.com] If you still don't get it, i give up. ;) Ben ***** 'If it ain't got an animal or a piece of fruit on it, it's worthless."
  • Having some one copying the style of your gui for an other os
    should be considerd a compliment, it means a job well done.
    Second of all having your gui look and feel on an other os is a sort of free publicity.
    And I am realy disipointed in Mac for playing the big bully game.


    "THERE ARE BETTER THINGS IN THE WORLD THAN ALCOHOL, ALBERT"-Death
  • by sbraab ( 100929 )
    The theme E-X is available for both E and GTK. Head on over the e.themes.org and gtk.themes.org. They look great but still have some functionality problems.
  • by Anonymous Coward on Thursday January 13, 2000 @02:46AM (#1376965)
    A computer graphics professional should be able to protect his work, like any artist, against someone who creates a cheap rip-off. The Aqua interface (IMO) is beautiful, and the result of many hours of hard work, trial-and-error processes, refinements, etc.. That kind of investment doesn't deserve to be stolen by some mediocre photoshop kiddie who watched the MWSF keynote address and said "Hey, good idea, I think I'll swipe it."

    Gross.
  • Come on, next thing is they will patent the transparency and the color theme.
    Pleeease, I can undestand sueing for the look of the computer and arguing with customers being misled (Is this thing an imac or not???), but suing for a desktop look is plain silly.
    Or do you want anyone to own the idea of a "taskbar" or "start button"?
    The copying of basic design principles happens everytime and everywhere. Remember hifi's, some time (10 years?) ago they all where silver and then someone started to make them black, the buttons changed and this was generally accepted as a more "modern" look.
    Would you like the idea that the first one who changed this could have sued the others and i.e. sony still today were the only one to deliver the "modern" look?
    This things happen all the time and it's called fashion...
  • by WNight ( 23683 ) on Thursday January 13, 2000 @02:56AM (#1376973) Homepage
    Apple should be able to protect their interface to prevent lookalikes?

    The GUI is just an incremental upgrade over what went before, and Apple is borrowing many features from GUIs that other people and companies have made.

    Copyrights already cover the blatant form of this, where a competitor tried to pass the OS/GUI off as MacOS X by preventing anyone from copying the look exactly. And trademark law further prevents this, and any other use of the apple symbol.

    As to the features of the GUI, I don't see why they deserve protection. It's like saying someone should get patent rights on ideas, not just methods. This assumes that the majority of those ideas were actually even originally thought of at Apple, which I doubt. The world is large, and many companies, universities, and private projects have experimented with making GUIs more powerful and easy to use. If Apple gets protection for their GUI, they'd immediately lose it to the various sources they drew upon for ideas.

    And this all assumes that people would be served by allowing companies IP protection for ideas. The whole purpose of IP laws is to help the public by giving companies a reason to release their works instead of hiding them. But if the public isn't helped by this, why should we consider strengthening these laws when it would only help the corporation with the most lawyers?

    I say that Apple will get all the protection they need from copyrights, and that anyone intrigued by the look or functionality of the Aqua clones will probably try the Mac, where before they wouldn't have. Apples ideas will function as advertising, and status points, their reward for contributing to the gift culture we live in, and the gift culture that gave them the ideas they used to build upon.
  • I seem to recall that Apple sued Microsoft a while back, claiming that the "Look and Feel" of Windows was too close to their copyrighted MacOS. It's been obvious for a while that they still don't get it. Maybe one of (IBM, RedHat, VA Linux) could acquire Apple, depose CEO For Life Steven Jobs, open up the specs to some of their proprietary "standards," welcome the cloners back with open arms, and use the LinuxPPC as a base to sell hardware. Hmm.
  • by Robert S Gormley ( 24559 ) <robert@seabreeze.asn.au> on Thursday January 13, 2000 @03:00AM (#1376981) Homepage
    They might want to be careful, I don't know US law, but could their initial removal of the material (offending or not) be seen as implicit acknowledgement of wrongdoing? (A la the reason why most discussion boards are fully censored or not at all - you censor one and effectively take responsibility for the rest)
  • Pleas note the use ot the ":)" smiley at the end of the original post. Also consider the rather light, almost humorous tone of the entire post, including the reference to Linux programmers as "Longhairs" and the reference to Windows as having a user interface.

    These are two strong signs that the author may be using some form of irony. Irony, for those not familiar with the concept, can be described as "when the actual opinion is the opposite of that stated". Ironys are in other words obvious lies, and are used as a way of stating the obvious in a humorous manner. (Do you understand the concept humour?)

    In other words: Your post is redundant. One can then use induction, combined with the first law of moderation conclude that this post is also redundant.

  • by redd ( 17486 ) on Thursday January 13, 2000 @03:03AM (#1376986)
    Plug and Play?
    The taskbar?
    DirectX?
    Um, Office?

    Much as I hate Microsoft as much as the next corporation, some of the features in Office (particularly Excell) are gobsmacking. (Win32, on the other hand, is bollocks, but credit is due for Office). This is why they have a monopoly.

    Microsoft have even been spotted posting RFC's and drafts for open standards recently. They've finally started behaving themselves (thank God).

    Apple have no right to tell us what we can and cannot put on our desktop. If they can't sell products on merit of being better products then they clearly can't keep up with technology. Why doesn't MacOS have themes yet?

    I actually see Apple being a great deal more of a threat to open-standards than M$ (remember the Indeo codec?).
  • by SlashDread ( 38969 ) on Thursday January 13, 2000 @03:10AM (#1376996)
    Yes, Apple deserves to be able to protect their GUI. _If_ you define the GUI as the total of theme+window manager. In Apples case this means, theme+window manager+kernel.

    Does Apple have the right to protect a 'theme'?
    No, it does not. There are countless references to this, unless the copycat _duplicates_ an art _exactly_, this is when copyrights kick in, "design" an sich, is not protected.
    Relevant court material can probably be found in the Apple vs Microsoft "look and feel" case.

    Is it funny that Apple can protect their hardware looks, but not their software looks?

    Not really, just on the surface perhaps, but the fact is, Hardware lookalikes will directly impact Apple sales, this can be prooven.
    Software lookalikes will have NO IMPACT whatsoever on Apple sales, UNLESS the COMPLETE OS will be copied. I cannot imagine an Apple Artist buying a windowz workstation, JUST because theres an aqua theme. Its therefore utterly stupid to fight themes.

    It also contradicts the recent Apple "willingness and flirtations" with Open Source. It therefore is not even from a marketing viewpoint sensible. What? Open Sourcing the (parts of) OS but sueing on a theme?? Get a grip.

    (This should get through the ThickBoned Head of Marketing guru Jobs.)

    Greetz SlashDread
  • by ShogZilla ( 136264 ) on Thursday January 13, 2000 @03:12AM (#1377001)
    I'm a co-admin at that site; we moderate all content.


    If we are informed that a skin is an unathorized port (not the case w/ winaqua, it isn't a port; inspired by, yes; byte-for-byte copy, no) or a rip (staking a claim on someone else's work) we delete the offending skin posthaste.


    So it isn't an admission of guilt; it's compliance with policy.

    Of course, IANAL, so we may be doing this bass-ackwords.

  • by simpleguy ( 5686 ) on Thursday January 13, 2000 @03:13AM (#1377002) Homepage
    I find this scary just because they were threatening to sue because their OS's look has been mimicked.

    Those of you who are running themeable window managers such as enlightenment windowmaker etc. are probably aware of the existence of themes that mimic various OSes' appearance.

    Please check out www.themes.org to get an idea of what I am talking about.

    Do the theme authors risk a similar lawsuit threat? Is themes.org heading for trouble?

    I hope some kind soul on slashdot can enlighten us about these questions.
  • by Anonymous Coward
    The story isn't quite as you beleive. Check out http://www.mackido.com/Interface/ui_history.html [mackido.com] and see what you think.
  • OLE springs to mind. Linking a spreadsheet object to a word object and having both display in one application window was, I think, a true innovation at the time.

    Possibly some professor had done the same in a lab 5 years earlier, but that hardly counts, any more than saying the internal combustion engine is just a copy of the steam engine because they both use the compressed-gas-cylinder-camshaft technology.

    Anywa, here are some more, these are all just IMHO, so please correct me if I'm wrong:

    docking toolbars and menus
    DHCP (and very good it is too)
    realtime spell checking (wiggly red lines in word)
    ODBC
    A comprehensive approach to disabled users
    Comprehensive (if occasionally random) support for non-roman charactersets and languages

    And finally, MS get big bonus points for ditching ASCII and shifting to unicode everywhere WAY before anyone else.

    Flames to me personally if you must, please...
  • Compared to the quantity of mp3's, funny movies, half-uninstalled software (got I hate RPMS - time to switch to debian), quake maps, KDE bloat, etc..etc.., I'm not *that* worried about 128x128 icons. In fact, if they're going to be scaled I'd rather they were bigger than that. They've also FINALLY got anti-aliased fonts right (RISC-OS users, shush :-)) which means it may be the first resolution-independant desktop :)
  • Start-button

    Now you name one from apple (not any of the Xerox stuff please)
  • No, no really.

    Should we pursue all the Andy Warhol knock-offs with four faces in coloured squares?

    Should we sue Oasis because they sound so much like the Beatles?

    Do you think they should have arrested Roy Lichenstein for infringment on DC comics' look and feel?

    Sorry to all the artists but it's the world we live in. Unless you can patent your technique, it's pretty hard to stop people copying your work. Overall, I think that results in better work out there.
  • Its just not possible to define properly. You cannot copycat the Chanel dress, but you can darn well make a _very_ similar one, and there is nobody who can stop you.
    True artists dont care of course, people buy a CHANEL dress, not a copy, and the true artist knows, his NEXT design will be even better.

    Hugs SlashDread
  • Apple's been down this road before. I remember an old lawsuit by which they said MS was intruding on their look and feel for desktop GUIs. Now, anyone who's ever used both PCs and Macs knows that they look and act nothing alike. However, the fight went on, back and forth, until Xerox (the real inventors) brought out a demo of an Altos box. Here's where it gets interesting. See, the Macintosh team (at least one of them) had seen one of Xerox's systems at PARC back in the late 70s/early 80s. And had _blatantly_ ripped off the UI. In fact, if you look at the 2-color System 1-6 GUI, it's the same (and I mean _identical_) as what Xerox had put together. I take that back. There was one difference, instead of the apple logo on the apple menu, there was the Xerox stylized "X". And that was the ONLY difference. Xerox started making rumblings that if MS and Apple didn't stop this silly shit (it was inciting lots of other lawsuits), they were going to start playing the part of the 9000-pound gorilla (with evidence to boot!) that invented the GUI, and bitch-slap both companies into receivership with legal fees and licensing fees and other back fines, etc.

    Apple and MS backed off, and there (to my knowledge) hasn't been a similar lawsuit in ages. Until now. You'd think that Jobs'd learn from his mistakes. You just can't sue over look and feel.
  • by / ( 33804 ) on Thursday January 13, 2000 @03:32AM (#1377033)
    I'm patiently waiting for the folks at Universal Church of Sidus Julium [www.clik.to] (a bunch of people worshiping Julius Caesar as a deity) to launch a lawsuit against Apple, claiming a look-and-feel violation from Apple's use of Roman numerals in the name of OS X. After all, years of research and development that went into inventing the Roman-numeral system, and Apple is clearly a latecomer hoping to cash in on the numeral X's sexiness and consumer appeal.

    I normally tend to support Apple, but this one is rediculous.
  • > I have never seen anyone purposely use the Windows GUI on an OS other than windows. Who would want to?

    *cough*Fvwm95*cough*
  • By all means look at the URL in the above post, but please bear in mind that everything at www.mackido.com is biased in a way that makes the worst Linux zealot flamer on slashdot look like blind justice herself.
  • But if sins were committed in the past, does that automatically mean that we have to relive them over and over again? Can't we just not accept the ripping off interfaces?

    No. It is not the case that Apple 'got away with' stealing from Xerox or that MS got away with stealing from Apple. In each case the courts decided that what they did _was not wrong_.

    Precedence is very important in American and to a slightly lesser extent English law. When something is ruled to be legal or illegal, then it takes a significant legislative chance to reverse the outcome in future significant cases.

    This is not a bad thing. Consistancy is very important - it is important that acts do not effectively waver in and out of criminality simply according to one judge's beliefs or the views of the day as expressed ad hoc by a particular jury.

    So, if someone thinks this kind of UI copying _is_ wrong after all, they should lobby for a change in the law, not simply keep on suing until the find a sympathetic judge or jury.
  • Let me add a few too...

    The taskbar - Hewlett Packard developed this neat little taskbar program called Dashboard later bought by Starfish Software. [computercurrents.com]

    These other "inventions" I have seen the likes waaaay before Microsoft implimented them. I used the VMS desktop and seen office apps years before "Microsoft Office" came out.
  • Windows 95 had "themes" from the very beginning as part of the Plus! pack. It wasn't too long before Free Themes came along, then Internet Explorer 4, when everybody got them. MacOS 8 postdates Windows 95, and copies several M$ "innovations", although by the time Apple got around to it, they were the only ones that weren't allowing people to resize windows from any edge of the window or not requiring that you hold the mouse button down to access application menus...

    --

  • Actually, with most filesystems, a small icon will take up exactly the same amount of space as a large icon, one allocation block.

    The only difference is that with a small icon, most of the block is wasted, while with a larger icon, less of the block is wasted.

    Try it yourself, check how much free space you have, create a small file, and check how much free space you have again. free_space_before > free_space_after + filesize

  • DHCP is in RFC's 1531 and 1533 (and others, but these are the first). Both of these originate in Bucknell University, not MS.

    FWIW, MS's DHCP is a steaming pile of krud which ignores basic stuff like the hostname.
    --

  • I don't have any opinion on whether or not MS "ripped off" Apple, either way. But that article is the most ludicrous piece of tripe I have read in a long time. Somehow the author manages to claim that Apple stealing the interface metaphors from Xerox is OK, but that MS stealing interface metaphors from Apple is Wrong. The crucial difference is supposed to be that "windows and menus" are general, but that "folders and a trashcan" are specific. What?? The reason this has to be claimed is that Apple clearly stole the windows idea from Xerox, so that must be alright. But Apple made up folders themselves, so when MS stole it, it's not alright. Brilliant.

    Then there's the Case of the Transplanted Programmers. Early on in the article, we are told that "Apple had hired some people from Xerox (like Jef Raskin, Bruce Horn) who believed in concepts of a Graphical User Interface." and "by no stretch of the imagination could this be called 'ripping-off'." But later, we find out that "Microsoft took [Apple's] best Mac Programmer, and had him making almost every design decision for early windows." This, of course, proves that "Microsoft on the other hand did rip-off Apple." Wow.

    As the other poster mentioned, MacKido generally makes Linux zealots look wishy-washy. But this one goes beyond that into some creepy cultish nether realm. Mr. David K. Every seriously needs a quick course in critical thinking skills, perhaps some elementary logic, or, failing that, a job in marketing. Seriously, read the article, people. It's just bizarre.

    "Moderation is good, in theory."
    -Larry Wall

  • by Foogle ( 35117 ) on Thursday January 13, 2000 @04:00AM (#1377080) Homepage
    This isn't a flame, but like anyone in the Linux community should talk. What amazing innovations have come out of us? It's mostly reimplementation of closed-source tools.

    -----------

    "You can't shake the Devil's hand and say you're only kidding."

  • by rawhide ( 130059 ) on Thursday January 13, 2000 @04:02AM (#1377085)
    How can one stake ownership to the aesthetic feel that a theme provides to it's underlying window manager. A theme by today's standards provides no more than this.

    In my opinion, the real situation would be different if the themes in question were able to provide functionality that could emulate the MacOS, but they cannot. They neither acheive this nor reproduce copyrighted material of Apple.

    What would follow next if Apple succeeded in their petty argument, would web designers be able to sue other sites for coding, from scratch, a site that has the same look and feel as their own?

    Perhaps Apple should be quiet and accept the fact that if people are going to the trouble of creating look-alike themes from scratch, then they are both advertising Apple's original OS existance and advertising how cool it is (Aqua, cool :).

    I neither use nor endorse Apple products, I find a bitter aftertaste from using previous products of theirs. But like many others, I find the existance of themes representing (read: merely looking-alike) the MacOS system making me more and more curious as to how 'cool' the original platform is.

    Perhaps because of these theme's creations, I may even purchase a new Mac since I have almost tried before I've buyed...
  • in schools? easy?

    "uh huh huh, the teacher said like 'Mac Oh Sex'"

    "uh huh huh thats kewl"

  • Actually, for all the crap that we give Microsoft now, we probably have to thank them a little bit. Before you go hitting the reply link with a flamethrower in hand, realize that I don't like the company much anymore either. One of the reasons we probably have to thank them, is that without them many of us would probably not be the computer geeks that we are, or have the jobs that we have. Windows is the software that has brought computing to the masses. I mean face it, even though I like Linux, its stable, its fun to work with, and it actually takes a little bit of thinking every once in awhile, it is most definitely not for the average home user. Without all these home users, we wouldn't have the net the way it is today, we wouldn't have people investing so much money in tech, etc. Even if you are developing some huge e-commerce site and serving it on Linux, its all the Windows using home users that are going to be flocking to the site and making you money. Anyway...while Microsoft has been unfair/scandalous/*insert phrase here* in the past several years, they definitely deserve their place in history.
  • by Kintanon ( 65528 ) on Thursday January 13, 2000 @04:30AM (#1377135) Homepage Journal
    I'm a co-admin at that site; we moderate all content.

    If we are informed that a skin is an unathorized port (not the case w/ winaqua, it isn't a port; inspired by, yes; byte-for-byte copy, no) or a rip (staking a claim on someone else's work) we delete the offending skin posthaste.


    So it isn't an admission of guilt; it's compliance with policy.

    Of course, IANAL, so we may be doing this bass-ackwords.



    According to the lawyer I just spoke with as long as you say you took it down to review it, found it to be completely free of any infringement and so put it back, You're ok.

    Kintanon
  • Fonts aren't well protected, in fact.

    If I (painstakingly) create a look-a-like font for Times, and call it 'Jimes', then I haven't broken any law unless I actually, physically, bit-for-bit copied the Times font and renamed it.

    I can even legally scan in some printed output of the font, and trace over it in a font creation tool...

    Similarly with any kind of graphical work - like a painting. If I simply produce a work 'inspired by' or 'based on' an existing work - without actually using any genuine copying technology like a scanner or a camera - then I haven't infringed anyone's copyright.

    All of which is Right, IMO.

    Jules
  • Actually in the Swing GUI toolkit, the Windows look and feel is disabled for all other platforms but Windows because Microsoft did not give permission for it to be used on other platforms. In the same way, the Macintosh L&F is disabled on all other platforms but Macintosh.
  • The whole purpose of IP laws is to help the public by giving companies a reason to release their works instead of hiding them. But if the public isn't helped by this, why should we consider strengthening these laws when it would only help the corporation with the most lawyers?

    Nope. The purpose of IP laws is to protect the owner of the IP. The US founders knew that making the information public would help spur innovation and industry. They also knew that people would not innovate if there was no reasonable chance of profit.

    The US IP system, particularly the Patent System, acts as a compromise between these positions. It allows the owner to profit from their work via a time-limited monopoly. It spurs innovation by turning "trade secrets" into publically available information. Licensing is the mechanism that others can use during the protected period to gain access to the technology.

    With respect to Apple, they are just using the system to protect their ability to sell technology in which they have invested.

    My question is: does an interface theme mimicing a true interface constitute copying (and potential violation of) patents, trademarks, copyrights, or some combination of all three? This is the kind of question that SHOULD have been clearly answered during the Apple v. Microsoft "look and feel" law suits in the 80's.

    It wasn't, so now we have confusion and bullying. If it was, then either Apple wouldn't have a case or they would be able to use the courts to force a "cease and desist" order. Either way everyone would know who was right and who was wrong. Instead we have confusion and bad feelings.

    Is Apple right? Are they wrong? I don't know. All I know is that given the current state of IP law and precident, what Apple is doing is legal.


    I say that Apple will get all the protection they need from copyrights, and that anyone intrigued by the look or functionality of the Aqua clones will probably try the Mac, where before they wouldn't have. Apples ideas will function as advertising, and status points, their reward for contributing to the gift culture we live in, and the gift culture that gave them the ideas they used to build upon.

    More likely they will stay with what they have. This was what happened with Windows. It was "good enough". To the casual observer, there was no substantial difference.

    Except for Darwin, Apple doesn't participate in the so called "gift culture". I would note that the "gift culture" has gained far more from proprietary culture than vice versa. That Apple, or any successful tech company, derives and builds upon the common meme-pool is certain. However, they spend considerable time, money, and resources to modify, enhance, improve, and outright invent technologies. They deserve the right to protect their innovations as they see fit, just like any other company. Whether their business practices help or harm them only time will tell.

    They are after two things: money and mind-share. Just because you are focused on "status points" as the measure of how to "win" doesn't mean that they are as well.

    They are a business, not a movement.

    IV
  • If anyone uses an Aqua theme in an advertisement for a computer or software package that isn't actually running on Mac OS X, I think Apple should sue them for everything they've got. They're trying to make money off their products and freely using Apple's GUI to help them do it.

    That's not the case here! Nobody's selling anything, and just because I can make my Linux or Windows box look sorta like Mac OS X, that's not going to make me any less interested in buying a G4 running Mac OS X later this year. No way in hell a mere theme is going to have the fluid animation, awesome-looking drop shadows, and other GUI elements that Mac OS X uses (it sounds like DisplayPDF rocks).

    Also, we mustn't forget the "feel" half of "look and feel". I tried a Mac OS Platinum theme on KDE for awhile, then took it off. It looked like the Mac OS, but the feel was closer to Win95 than it was to a Mac. The inconsistency bugged the hell out of me so I got rid of it. The appearance of Aqua without the feel isn't anything special.
  • by Anonymous Coward on Thursday January 13, 2000 @04:40AM (#1377148)
    I have been reading /. for awhile now, actually a little over 2 years. One thing I have noticed, especially in comments on the MacOS, Gnome, K, etc is a lack of understanding of what makes a good GUI. Winaqua DOES NOT replicate the MacOS GUI. It merely mimics the MacOS Desktop. Winaqua CAN NOT replicate the MacOS GUI, because the underlying Windows code is not there to support it. In other words, the GUI is more than a set of icons, dock, desktop, theme. Now, alot of Linux desktop managers (they are not quite even GUIs yet) LOOK ok. They have neat buttons, sliders, icons, docks, etc. All the bells and whistles. They do not, hovever provide as decent a GUI as even MacOS 7, much less 9 or X. Why? They may look kewler. Hell, they DO look cooler, but their interface considerations, consistency, depts of admin capability do not even touch nT, which itself can not touch the Mac OS. Apple should leave well enough alone. Do not flame me here. I am a Apple/Lisa/Mac head thru and thru since 1979. But Winaqua is a joke. MacOS X is more about Mach, BSD, OpenGL, Quartz, Consistency and the overall fit and finish that it is about a set of dials and buttons. Oh, and one more thing...Windows did not invent any of the above items. I do not know if anyone here refuted the arg that they invented taskbar, menus yet, but these were also invented at PARC, and HEAVILY improved by the first MacOS designers.
  • by Uri ( 51845 ) on Thursday January 13, 2000 @04:41AM (#1377149)
    1. There's a difference between imitating GUI concepts (such as curved edges and other 'look and feel' factors) and blatantly copying a piece of copyright art, even if done using the 'look and copy' method rather than the 'cut and paste'. People going on about GUI similarities between WIN95 and MacOS should look at this GIF animation [cam.ac.uk] showing a screenshot off sawmill.themes.org [themes.org], with elements of the original MacOS X [apple.com] screenshot differenced out. Black means identical pixels.

    2. Being able to emulate MacOsX's precise look on Win32 and X machines will harm Apple's campaign to market Macs as a trendy alternative - which is why they spent so much time and money developing it. Of course, you are are perfectly entitled to develop a similar look using their ideas. You shouldn't be able to just copy it directly.

    3. This isn't about the right to emulate. That was settled in Apple's case versus Microsoft. This is about the right to copy.

    As an analogy, think of Leonardo Da Vinci's Mona Lisa. Originally a masterpiece. However, any half-decent artist can paint a very good copy of it. The true artist, though, takes the eyes, the smile and the use of color and paints his own masterpiece.
  • OLE is a technology that Microsoft licensed from Big Blue. This isn't just a thing Microsoft copied, it's a thing they continue to shell out cash to include in their product.

    DHCP is an extension of the bootp protocol, which is older than you.

    Realtime spell checking was available as a shareware app for OS/2 2.0 well before Office implemented it. It's called Spellguard, and it dates back to before Win95 was released, let alone the versions of Office that implement it. see HERE [netusa.net] if you don't believe me. A friend of mine wrote it.

    ODBC - don't be silly, it's one more protocol for a concept older than you are.

    MacOS and OS/2 both had extensive support for disabled people as far back as 1993.

    Microsoft's foreign language support used to be pretty impressive, they've cut back quite a bit lately. I couldn't tell you if other OSs did a better job, I don't really know, but it's hardly an innovation - their implementation has generally be exceedingly buggy. Inbetween jobs i Y2K tested Win95 in several foreign languages, so i know first hand.

    And their Unicode support is less than acceptable. I have a friend who speaks japanese and wanted to read a .jp news site, took him weeks to convince Win98 to let him do it.

    As for docking menus and toolbars, I'm not sure exactly what you mean by that. Didn't the edit window of SimCity have a docking toolbar? That was out before *Windows* man.

  • by Midnight Thunder ( 17205 ) on Thursday January 13, 2000 @04:42AM (#1377151) Homepage Journal
    ' it does not use any graphics from aqua, it does not contain any mac logos etc; it's an original work - just inspired by the aqua GUI'

    To say that the skin is an original work is like saying a forgery of the Mona Lisa is an original work. Looking at the skin indicates to everyone that the source of the images used for the buttons, window controls, etc is MacOS X. If a user interface can be considered a work of art then it deserves the same protection as any other art form.

    I have often seen unauthorized copies of Enlightenment windows on the Skinz site. The least these guys could do is ask the original author for permission to 'port' these window designs and accept it when the author says 'NO'.

    Copying with permission is fine, copying without is theft!

    M.T.

  • by drwiii ( 434 ) on Thursday January 13, 2000 @04:42AM (#1377152) Homepage
    "Think Different. Or else."
  • IBM makes quite a bit of money selling software and services to the huge PC market that wouldn't exist if there were only one source for PC hardware.

    Idiot.
  • These are two strong signs that the author may be using some form of irony. Irony, for those not familiar with the concept, can be described as "when the actual opinion is the opposite of that stated". Ironys are in other words obvious lies, and are used as a way of stating the obvious in a humorous manner. (Do you understand the concept humour?)

    Actually, the word you are looking for is "sarcasm." You're not alone, though. Alanis Morrisette doesn't know what Irony is either: "Rain on your wedding day" is not ironic. A sword-swallower choking on a toothpick is ironic.

    Great, now I'm the irony police...
  • Memory hogs?

    (from wintop.exe -- a great program, part of MS Kernel Toys)

    Word: 5192K Allocated / 3016K In Memory / 1868K In Use
    Excel: 2556K Allocated / 1256K In Memory / 828K In Use
    Outlook: 9836K Allocated / 2732K In Memory / 1460K In Use

    Both Word & Excel have average-sized documents loaded.

    (and for comparison, cause we all love Netscape to death ;)

    Netscape: 11104K Allocated / 8992K In Memory/ 8132K In Use

    One browser running, this page as I'm typing up this message.

    For MS Office's full suite on a typical install (Word, Excel, Powerpoint, Access & Outlook), the total disk space including shared files hovers around the 200 meg mark. That's around 100 less than Office 97 took up, I believe. That's actually VERY impressive, if those numbers don't lie.

    These are just the facts on my machine -- take them with a grain of salt, if you will. However O2K hasn't crashed on me ONCE, and to MS's credit, Outlook 2K does a great job as a personal information manager. It's years above what Office 97 was. Plus, PGP integrates itself seemelssly into it. Before Outlook 2k, whenever I was in Windows I was using PC-Pine, so that should tell you something ;)

    And YES, the Office Helper can be turned off, hell it even asks you "Do you want to turn me off permanently?" if you hide it a bunch of times (and turning it off is only a matter of right clicking, choosing options, and clicking the box that says "turn off the office helper").

    It's monolithic, yes, but it's an Office Suite, they're not ment to be under 100k in disk size. If you find one that is, let me know, better yet, if you create one and decide to sell it, rather then GPL it, let me in on your IPO ;)
  • Absolutely.

    Putting a patent on "translucent" dialog boxes is right up there with putting a patent on "one-click" purchasing.

    Smack 'em hard.

    cheers,

  • The earliest Acorn GUI was the 'Welcome' or 'Desktop' program that came with the Master Compact (which was a cut-down Master 128, which was a beefed-up BBC Micro). This was a simple toy desktop environment, with a calculator, calendar, that sort of thing. IIRC it had a bar at the bottom with icons for the different 'applications', although you couldn't add new apps. This was in 1986.

    The Desktop in Arthur (the OS for the Archimedes when launched in 1987) was rather like this; it was implemented as a BASIC program which called the OS's windowing routines (making it very fast as the windowing routines were written in assembler). It featured icons on the left for drives and networks, and icons on the right for calculator, 'palette' and other junk.

    RISC OS 2.0 (the first version, replacing Arthur 1.2) was released in 1988. Its desktop was part of the OS proper, and featured nonpreemptive multitasking. For the first time (I think) you could write your own apps which used the GUI, making it a useful environment rather than a toy. It also included drag-and-drop and all the nice things which have been discussed previously on Slashdot [slashdot.org].

    I have no idea how much of this was copied from NeXT; what year did the NeXT Cube come out? I thought it was 1987.

  • by 94229 ( 89980 ) on Thursday January 13, 2000 @05:33AM (#1377193)
    The problem I have with this story is that we've only seen and heard one side. I followed the links, and it took me a little while to figure where it was even mentioned for the first time that Apple objected to the skins.

    When I finally found the official objection, it turned out to be a rant (more or less) against Apple. What I want to see is: The official letter from some official Apple representative stating the official objections Apple had. Until I see it, I reserve judgement.

    Why? Here are some possibilities that "clear Apple's name":

    • This is a hoax. No objections were raised, or they were raised by some "unofficial" person at Apple (like a co-op student :-))
    • The objection is that the theme creator lifted graphics from the Apple website (a concern also shared by skinz.org) rather than the existence of the theme itself
    • The only interpretation of the objection is by skinz.org -- and they have their own biases. Something said in the letter may be morally objectionable by one person, but inoccuous by others (witness Slashdot :-)). I want to see the letter so I can judge myself

    Post the official objection. The wording will be more telling of Apple's position than the hearsay we've seen so far.

  • I think you can't patent artistic works (fortunately). Even the USPTO agrees on that one.

    You can possibly patent the method you use - there was a case in the UK over patents on use of airbrushes, I think. The patent holder won despite evidence from several artists that they had been using the technique long before the patent was filed. Anyone have more coherent details?
  • Perhaps this will help to clear things up:


    Sec. 106. Exclusive rights in copyrighted works

    Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

    1. to reproduce the copyrighted work in copies or phonorecords;
    2. to prepare derivative works based upon the copyrighted work;
    3. to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
    4. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
    5. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
    6. in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

    Sec. 107. Limitations on exclusive rights: Fair use

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

    1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. the nature of the copyrighted work;
    3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    4. the effect of the use upon the potential market for or value of the copyrighted work.

    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

    Ginko

  • Oooooh! That would be seriously cool!!! I'd -love- to be able to send E-Terms into orbit around Netscape! :)

    That does it. I'm going to see if I can hack E into supporting gravity, momentum, Newton's Laws and the Laws of Conservation of Energy and Momentum, with an option of windows fragmenting in high-speed collisions. :)

  • Even if Apple was publicly trading at the time they first developed the original Apple GUI, I seriously doubt they would have had millions of Apple stock options to sell.

    These claims sound like serious revisionist history, if you ask me. Richard Stallman's article on the GNU boycot of Apple may not have included everything, but you can be very sure he wouldn't have simply declared such a boycot because he was bored.

    Oh, and you might want to note that Apple -failed- to mention that Xerox had developed a GUI before Apple, which was part of why they lost the case against Microsoft.

  • by Bob Ince ( 79199 ) <and@[ ]desk.com ['dox' in gap]> on Thursday January 13, 2000 @06:07AM (#1377238) Homepage
    Alanis Morrisette doesn't know what Irony is either: "Rain on your wedding day" is not ironic.

    Nah, nah, nah, you've got it all wrong, mate.

    That none of the allegedly ironic examples given in the song are actually ironic is deliberate. It's ironic that the song, called Ironic, is not ironic, thus making the song ironic. Thus the non-ironic song is thus very ironic, which is itself doubly ironic, or meta-ironic... er... or something.

    Therefore Alanis is not a silly moo at all, but in fact very clever. Unless she really is dumb and is just being ironic about it all.


    --
    This comment was brought to you by And Clover.
  • I believe you're looking for this post [slashdot.org]; the animation is of the graphic in a sawmill theme, not winaqua at skinz [skinz.org].
  • 1) mass-market software. Interpreted BASIC was nothing new, but marketing software to individuals was innovative.

    2) The usable footnote in Word 1.0. I know the lion's share of readers here don't go back that far, but footnotes on a micro before that were a bear--really no better than a typewriter. A method of automatically landing them on (usually) the right page was a God-send. OTOH, you sometimes ended up with bizarre gaps as it erroneously moved to the next page to get enough room. I was shocked about three months ago to find that the current versions can still do this, and there's still no fix other than to write an extra paragraph to fill space . . .

    3) Bob? :)

    Good Lord, they're about due for another one, aren't they? Oh, wait, they already did it--they invented a new way to abuse monopoly power [using it to advance a product they didn't care about just to destroy a competitor, forgoing the revenue in the process]. OK, we're safe for another ten years.


  • Err, publish/subscribe. Publish/Perish is academia :)

    But on a fast machine for the time (SE/30 8mb), it was painfully slow to use and I gave up on it.
  • >Very few people started out on linux.

    At about 6, she'd ask for "daddy's game", the one with colored faling sticks (xjewel?), in preference to the games we had for the mac and the like. She also would ask me to play "the kitty" game--nethack, where the kitten follows you--while telnetted into my linux box.

    I came home and panicced when I found my freebsd box off--i thought my wife had hit the power. Nope, my daughter had rebotted to play a dark-side game, and then turned it off (internet is only through freebsd).
  • Pleeease, I can undestand sueing for the look of the computer and arguing with customers being misled (Is this thing an imac or not???), but suing for a desktop look is plain silly.

    I think we also have to take the past into consideration. Apple has been very consistant in suing people since the iMac came out and other companies have wanted to rip it off. It has not had the same consistancy on it's OS.

    Back when "Copland" was announced (this was back in the MacOS 7 days) it had the new spiffy "Platinum" appearance. Everyone back then loved it, especially compared to the flat and boring System 7 GUI. Well I remember getting a program (I believe it was called "Aarron") that changed your look and feel in System 7 to look just like Copland, the look of which later turned into what we see in OS8 and OS9, and this happened way before OS8 came out. The kicker? You had to pay to use this little extension because it was shareware.

    Later on Aarron turned into Kaliedoscope for the Mac, which mimics all sorts of stuff. Did Apple ever sue the makers of Aarron when they were basically charging people for use of Apple's new OS Scheme a year before it was introduced? No! Because of this, I can only imagine that Apple is doing this because it's Windows. It's all about the treat Windows is to the MacOS. If an Aqua theme for Kaliedoscope were made, do you think they'd react the same way? I don't think they would.
  • by AJWM ( 19027 ) on Thursday January 13, 2000 @06:56AM (#1377275) Homepage
    I'll give you your (1) (maybe), but automatic footnoting is hardly a Microsoft innovation. I had it in my FORMAL [ajwm.net] portable text formatter back in 1979-1980ish, which I believe pre-dates Word 1.0. And I probably cribbed it from Waterloo Script or one of the other text processors around.

    As for "Bob", the less said the better :)
  • As with any OS, the smart shopper sticks to the supported products list.

    What a minute! I thought that was the strong point of Windows. It runs on all hardware. It Linux that no need to pay attention to the hardware with, because there are "no drivers".

    If I have to pay attention to a "supported products" list, then what's the advantage to paying attention to the Windows list, over the Linux list?

    -Brent
  • One of the reasons we probably have to thank them, is that without them many of us would probably not be the computer geeks that we are, or have the jobs that we have. Windows is the software that has brought computing to the masses.

    That logic requires believing that if it weren't for Microsoft no one else would have brought computers to the masses. I won't believe it. If Microsoft wouldn't have been there, some one else would have. Therefore, we can't attribute mass computing to a sole Microsoft feat, even though they were the ones who did it.

    If it wasn't Microsoft it would have been someone else. Please remember that.

    -Brent
  • Agent Technology (otherise known as the Paperclip)

    Bzzt!! See this [vcnet.com].

    -Brent
  • Heh, I'm posting this from a 3 1/2 year old PowerTower 180e!
    I bought this particular machine because it was cheaper/faster than what Apple had at the time. My Micropolis HD died after 3 months, and I got it replaced. You'll notice Micropolis is no longer in business. The replacement Seagate is a trooper and a half!
    How many of you have 3 1/2 year old "PC's" that work well for what you want to do these days?

    The PPC 603-based clones were the most problematic, and unfortunately, those were the ones aimed at the Consumer market. Jeez, I'd take an iMac over a Starmax anyday.

    I am a loyal MacOS user, because I hate Windows, and the Mac lets me get my work done the way I want to with the least amount of hassle! I was happier than hell to get rid of my 386 (and Windows) and get a 68040 Mac, and I've never looked back. Now I'm saving for a G4.
    I'm not a hard-core gamer who thinks that 48fps is much better than 44fps and is worth spending hours to configure my hardware and software to make it happen, and I'm not a programmer.

    I mean, jeez, can your OS/WM do this?? [interlog.com]
    Yep, I create and organize my work flow my COLOUR. Sorting by Name, Date or Kind won't work, because I work with other people and need to keep their work separate from mine, but together in the hierarchy of the web server. For other work, I label by colour to indicate new or old versions. Until there's another OS that can do this, I'll stick with my Mac, thank you very much!

    PS. Futurama fans might like this 800x600 desktop [interlog.com] I made.

    Pope
  • Do we need to go through this again? I can excuse this to an extent because it's common knowledge, but I always see a knee-jerk reaction whenever Apple does something not-so-nice: "They stole their GUI from Xerox PARC."

    No, they didn't.

    From http://www.woz.org/woz/presponses/ commets24.html And The Woz Spaketh: [woz.org]

    Q from E-mail:

    Woz, Did you feel wrong stealing outright from Xerox, and what did you think when Microsoft stole from Apple? Do you think Microsoft has a monopoly on the computer industry? Plan on going back to Apple? Also, can you point out more of the minor flaws in the movie? Thanks, David

    WOZ:

    Steve Jobs made the case to Xerox PARC execs directly that they had great technology but that Apple knew how to make it affordable enough to change the world. This was very open. In the end, Xerox got a large block of Apple stock for sharing the technology. That's not stealing outright.

    Apple didn't get any stock from Microsoft. Nor was Apple dealt with openly in this area by Microsoft.

    Usually when attempting to steal something, one neither enters negotions nor pays for it with stock that went through the roof shortly after the deal was completed.



    ----
  • Were you a Kaleidoscope interface hacker around the time of the C-Futuro Classic flap? Apple at the time was keeping its options open w.r.t a darker techy sort of interface theme, with a very specific design. One person (for the c.p. Church Windows, I believe) did a really accurate copy, and Ed Deans did C-Futuro Classic by basically taking Apple's 'HiTech' theme and adapting it as accurately as possible into a straight rect window.

    Apple persecuted this vigorously, too, and there was much discussion and ranting and noise about the matter, but the end result was the removal of HiTech themes 'from the wild'. If you wanted a high tech theme, you had to *gasp* make one up. Seeing as on the kaleidoscope scheme archive there are 127 different schemes from authors with names beginning with 'A' alone, there are a lot of alternatives to using a clone of HiTech- or Aqua.

    Plain and simple- don't blatantly rip Apple's expensive and fancy interface designs until _after_ they are released. They are less pissy when their product is actually shipping. When it's a nebulous project (HiTech, which got 'steved') or the next big thing that's being built as a replacement to Apple Platinum (Aqua), they get real pissy about someone heisting a facade of what they're building and offering it around.

    Think Go Computing and Pen Windows. In what way is making a thin facade of Aqua with only the look of certain elements, little of the behavior or animation, and little debugging, NOT like the classic vaporware tactic? I'm sure it's less prone to dry up investor support in Apple ;) but it's the same thing, releasing a facade of the new Apple interface to confuse, lessen the impact, and raise questions as to whether it's just the look of a window or a whole system involved.

    Oh no, the dreaded Apple is stealing its, uh, its own graphical user interface. It's ruthlessly denying people free immediate hacking to largely arbitrary and artistic interface details that... geee, that _it_ paid handsomely for. Funny how that works, isn't it? Hire yer own damn graphic designers ;) or just keep on keeping on. I've been playing with Afterstep a bit. I may like to make it look like classic NeXT (ahhhh) but I feel no need to make it look like Aqua.

  • by jacobm ( 68967 ) on Thursday January 13, 2000 @08:02AM (#1377318) Homepage
    To give credit where credit is due, MS spends a decent chunk of change on original research. Check out research.microsoft.com [microsoft.com] to see what they're up to.

    And as for other technologies, they seem to be leading the way in hardware products (or is that just me being ignorant about hardware trends?). If I recall, they were the first with the ergonomic keyboard, the wheel doohicky, the intelliEye (didn't someone tell the marketing people not to put so many vowels together? oh well) optical system, that bad-ass phone that you could hook up to your PC, the Timex watch data synchronization thing...

    And the paper clip guy is pretty cool too, from a technical standpoint (if not from an actual usefulness standpoint). It's a Bayes (belief) network- you can find out how it works by rooting around for that topic on the MS research site.
  • Are you kidding? This is howlingly, screamingly false, netwiz, as far as your contention of what Xerox had. Let me explain _exactly_ where you have been led astray.

    There were no regions (irregular areas of halfconcealed windows) on the Xerox product. It used tiling windows. Apple people _thought_ they saw windows overlap, and later learned they'd invented what they thought they were reverse engineering :)

    The Xerox system used popup menus on all screen objects, being heavily Smalltalk influenced. Have you seen Smalltalk, or at least pictures of it back then?

    The Xerox system had _no_ direct manipulation, as in dragging around icons like they were objects and dropping them random places where they'd stay, much less dropping icons on other icons to accomplish tasks like opening a document with a particular app. In Smalltalk and in the Xerox system, you'd pop open a popup menu (like rightclicking, in fact I think it _was_ rightclicking) on the object in question, which would supply a list of the apps the document could be opened with or whatever else was needed.

    Calling early Smalltalk a clone of MacOS system 1 cheapens Smalltalk. Calling MacOS system 1 a rip from Xerox PARC cheapens _it_. Both have exceptional virtues that resonated throughout the computer industry ever after (where do you think Windows got rightclicking and contextual menus- Apple?). Both are utterly different in significant ways.

    And on top of all this, it's a matter of public record that Apple paid off Xerox in stock for the opportunity to go in with a crew of techs, walk around looking at all the stuff that Xerox wasn't doing squat with, and then (handing Xerox the payment) go off and freely come up with their own twist on the concepts they were paying for access to, be it closely related or wildly divergent. It ended up _fairly_ divergent. It took over ten years for some concepts like the contextual menus to make it to the MacOS, but then Xerox _never_ had direct icon manipulation, _only_ popups, so it balances.

    I ask only for personal interest and indeed morbid fascination- where do you get your ideas?

  • Actually someone did already, though I don't believe it's been added to the scheme archive. How do I know this? I created a set of icons (JPEG [thefyi.com] | Mac format [thefyi.com]) for my Mac and the author used them without asking. Of course I can't complain as I did the same to Apple.

    I'm going to go out on a limb, here, and state that this is a different situation than a theme for a competing OS. Frankly, I don't see why Apple should care if users of the current MacOS want to make their machines look like the next generation OS. Greg Landwebber also authored Aaron which gave your Mac the Platinum appearance several years before MacOS 8.0 was released. (Aaron is a play on Aaron Copland, who was the name-sake of Apple's ill-fated Copland OS.)



    ----
  • Are you kidding? Apple was the first homebrew computer company to get serious venture capital funding and professional management (Mike Markkula). You honestly think they began with the Mac? o_O

    I hardly know where to begin. Back in the days of the very first commercial home computer game ('Mystery House' by On-Line systems, later known as Sierra On-Line- 'Mystery House' was sold as a disk and a photocopied sheet in a baggie :) ), the game was shopped to Apple for possible distribution. It took Apple a _year_ to get back to the Williamses, because by that time Apple was _already_ a multimillion-dollar business, wealthy and kind of sluggish and dim. By the time it got back to the Williamses, they were already doing a roaring business as On-Line Systems...

    Honestly, those who make accusations of revisionist history should either learn genuine history of some sort (even a small effort would do!) or should be old enough to have seen some of this happen. Just because you don't like the truth doesn't mean it's impossible. Apple was a huge business at the time, seller of Apple IIs to the exploding home market in its first big boom and to schools in their original marketing campaigns that got them so established in education back then. They were the Microsoft of that era. Microsoft was still coding Typing Tutor in Bellevue, Washington at the time. They not only had that much stock, it was worth a lot, and they did indeed pay Xerox for the right to go in, gawk like mad at everything and take notes and then go home and use whatever they saw or thought they saw.

  • MacOS has had themes for years: WDEFs. Can you replace the WINDOW MANAGER in Windows? No (although you can now overpaint it with windowblinds). I had my Mac looking like BeOS for a while.

    And check out this freaky shit: here [chucko.com], and here [ballyhooyou.com]. With Kaleidoscope, you can even use Enlightenment Themes! [ballyhooyou.com]
  • Artists and engineers have no intrinsic right to their creations. The reason for copyright is not to protect producers but users.

    As RMS puts it, an idea or design is not spaghetti that only one person can eat; it can be enjoyed by everyone, therefore it should be owned by everyone. Artists don't have the right to punish _the whole world_ because they came up with an idea first.

    A good example is the case of the bzip compression format; from what I've heard, it's much better than the LZW compression format (.zip, .tar.gz) everyone uses, but it isn't popular because of a lame patent that was put on the algorithm.

    This is exactly the same; if Apple has an intrinsic right to their GUI, that means that none of their innovations can be used by anyone else, thus disadvantage everyone. Imagine if the author of the first text editor with scrolling believed he had an intrinsic right to the technique, and sued everyone else who used it; millions would still be suffering with 'ed'-like editors :)


    Broccolist
  • by maphew ( 14702 ) on Thursday January 13, 2000 @08:54AM (#1377347) Homepage Journal
    This isn't a flame, but like anyone in the Linux community should talk. What amazing innovations have come out of us? It's mostly reimplementation of closed-source tools.

    The biggest "innovation" of the community for which Linux is currently the poster child (Open Source, Free Software, ... use the flag of your choice) is the development model. It's not what the software does (end results), but how it is produced (how you get there) that's significant.

    I put "innovation" in quotes because in the digital world it's a pretty nebulous term and hard to define. Ideas and code and software are extremely promiscuous and incestuous. Pick any "innovation" of the last 5 years and you will find antecedants from the 80s and 70s and 60s.

    Linux is a hotbed of "innovation" because it lives in an environment stripped of the rules and taboos forbidding sex. Anybody can screw anybody else, mixing genes and chromosones with glee and abandon, creating offspring similar but not quite the same as anything else. Gene swapping is common in the proprietary world too, but's hampered and restricted.

    It's mostly reimplementation of closed-source tools.

    True, many portions are reimplementations of closed-source tools. But many closed source tools are implementations of open source academic research products.
  • by jd ( 1658 ) <imipakNO@SPAMyahoo.com> on Thursday January 13, 2000 @09:26AM (#1377367) Homepage Journal
    Having used computers since the mid 70's, I probably know as much history (or more) than those who spend their time telling people to learn it. As for the dig about "truth", truth comes in many flavours, but "Apple = Success" ain't one of them. What I like and don't like has no bearing on the facts as they happened. And just because something isn't impossible doesn't make it a cold certainty.

    I've used Apple II's. I've used PETs, right back to the earliest models. I've used TRS-80's. I've used ZX-80's. For that matter, I've used Prime 350 mainframes, when "advanced display" meant a decent teletype.

    And -you- tell -me- to learn history? *COUGH!*

    The "very first commercial home computer game" was not, as you claim, "Mystery House". That -may- have been the very first game with mass popularity, but "home computer" games have been traded for sums of money from the days of the Altair. It was (and is) human nature to exchange and exchange is what brought computers to the home in the first place, long before the Apple I, never mind the Apple II, was even a glimmer in it's designer's eye! I'd bet there were rogue copies of Pong being sold at schools, in clubs, and at meetings, before the Williams' even knew what a computer was.

    Apple was the "first homebrew computer company to get serious venture capital funding and professional management", eh? Well, if you add enough conditions, you can turn anything into a first. Z is the first letter after Y, for that matter. Being last means you're the first to not have someone behind you, too.

    Other "homebrewers" you might want to study closely are Sir Clive Sinclair, who had a booming radio, amplifier, metal detector, and other equiptment business long before the dawn of the microprocessor, let alone the dawn of home computers. The ZX80 may have come after the Apple II, in mere date, but if you want to argue firsts, it outsold the entire Apple range to that date, and had more of a homebrew design than any of the later Apple computers could even dream of. (It also worked better than the early Macs.)

    Disks were a late invention, for the home computer market. Tapes were all the rage, especially in the mid 70's, and tapes were how games were distributed. Earlier generations of home computers were programmed by switch, so instructions were typed or written.

    Apple were -never- the Microsoft of anything, except maybe in their dreams, and I doubt either Jobs or Waznick were that conceited. Commodore -owned- the business market (as far as personal computers went), and a fair percentage of both the educational and home markets, too. Of the remaining market, the Apples barely touched Europe, which mostly concentrated on local talent, and at least half of what was left built their own out of spare parts.

    No, Apple were rich, yes, but not awe-inspiring or all-powerful. They were moderately successful, reasonably well-off, but not much beyond that.

    As for their professional marketing, that nearly killed Apple stone-dead. The early Apple Macs switched themselves off when you removed the disk from the drive. It was slow, expensive, had little memory (mostly used for graphics), and was only practical with a hard drive (which was an expensive add-on). Those were amongst Apple's worst times, and spelled the start of their financial ruin. It was at this time that they shed their "homebrew" look, went corporate, forbade clones, and nearly died. Apples's market crashed through the floor. The only reason IBM and Microsoft survived the early days was that people ripped IBM off left, right and centre. =THAT= spared IBM and Microsoft for the same reason the lack of clones killed Apple. No competition, no growth, no life.

    If Apple were as successful as you say, and had learned the same lesson IBM did in the early days, I'd be typing this on a Mac-lookalike. I'm not, and the responsibility for that lies at the door of the people you worship.

  • As mentioned, MacOS has had themes capability for a few years, and before that you could use Kaleidascope (ugly!). The reason MacOS only comes with one theme, Platinum, is because Jobs supposedly didn't like visual inconsistancies with apps that weren't theme-ready, so the other themes (which, by the way, have awesome 3d sound effects) were cut. By inconsistancies, I mean things like funky menus that assume silver-gray is the background color and hard-code it in or whatever, so the edges are all messed up. You can find the other themes like Gizmo on the internet or from people who have the dev versions of MacOS.

  • Boy and to think they hired that guy from the cookie company instead of a genius like you.
  • Taskbar: I would agree with the taskbar. Microsoft did make IMHO two major innovations that I have not seen before, though they seem obvious now:

    1. There is an "icon" even if the window is open. This idea seems to have eluded all the X and Mac (and the older Windoze) designers for years. Everybody else was convinced that the window icon should only be visible if the window was "iconized".

    2. They finally realized that the TEXT is important, far more important than some image "icon". Though they did not get rid of the image, which might have been far too daring, they did shrink it down a lot, so that it is almost invisible. (now if only they would do that for their "desktop icons".

    MicroSoft also made a major innovation in making a desktop design that got rid of a divider line between the "window border" and the window contents. I actually did this many years earlier with some work I did on the NeXT machine, and I'm sure others did, but it was never seen in a real product until Windows 95.

    I would not call Plug&Play an innovation, the idea is rather obvious and apparently the implementation is bogus, seeing as to how much trouble they are having. Working around bad original machine design, no matter how difficult, is really not innovative since it is obvious it needs to be done.

    DirectX is also pretty obvious. Apparently there are no real clever ideas in the enormous amount of interface that DirectX defines. For instance it is rather uniformly believed that OpenGL provides a superior 3-D interface, it would seem MicroSoft could have "innovated" something better, seeing as they had all of OpenGL already existing to refer to!

    I believe Office contains many innovations in GUI. MicroSoft did invent the Shift+navigation to extend text selections. Also the use of squiggly lines to indicate spelling errors and many other little things that have greatly expanded the common knowledge database of graphical icons, making it easier for programs to present information without lots of "help" info.

  • The new Macs are coming back into profitability, another reason why acquiring Apple would make more sense than acquiring some completely unviable company like Sco.

    What I'm saying is that if it would be possible to acquire them, you could leverage their technology to shore up several key Linux weaknesses (Most notably, streaming video) while continuing to let the company do its own thing with only a few changes to make its business model conform to one that has been PROVEN to be successful, namely the one used by the X86 world. Since Jobs would never accept any of that, he'd obviously have to go.

  • M$ isn't a technology company. They are a MARKETING company, this is where to majority of their innovation and successes have been.
  • See, the Macintosh team (at least one of them) had seen one of Xerox's systems at PARC back in the late 70s/early 80s. And had _blatantly_ ripped off the UI. In fact, if you look at the 2-color System 1-6 GUI, it's the same (and I mean _identical_) as what Xerox had put together.

    Exactly none of that is true.

    Apple hired engineers from Xerox PARC.

    Apple's design team visited PARC and PARC's team showed them what they were doing. PARC was a research lab, and Steve Jobs pitched them the idea that Apple was the perfect company to implement their ideas and take them to the public. There was no misunderstanding on either side about this.

    Apple signed an agreement with Xerox, giving them stock worth millions of dollars, to be able to use some ideas from PARC.

    And Apple extended the desktop metaphor way beyond what Xerox had done. The PARC had some innovative ideas but the Macintosh was much more usable and brought the whole concept together.

    If you'd like to learn more about this myth you're propagating, read MacKiDo [mackido.com] or SteveWozniak [woz.org] on the subject. Or just read some thoughts of Jef Raskin [mackido.com]:

    My primary role in this matter was to create the Macintosh project. I named it for my favorite kind of eatin' apple...

    My thesis in Computer Science, published in 1967, argued that computers should be all-graphic, that we should eliminate character generators and create characters graphically and in various fonts, that what you see on the screen should be what you get ...

    By the way, the name of my thesis was the "Quick-Draw Graphics System", which became the name of (and part of the inspiration for) Atkinson's graphics package for the Mac.

    Thus Horn is more correct than he knew when he wrote that the world has generally overestimated the influence of PARC on the Mac...


    Jamie McCarthy

  • I disagree. Maybe this is a semantic issue, but I fail to see how any of that is "innovation". It's great, sure. But is it new? Hardly. Open Source is more old than new. It's only with the advent of popular computing that software has become something to be sold. When hardware was king, lot's of software was shared in source-form.

    So yeah, maybe the Open Source community has brought forth a "rediscovery" of quality software design. But where are the innovations? And by "innovation" I mean something new. Something that changes the way you use your computer. Linux hasn't changed the way I use my computer, it's just made it a little easier in some places. Don't let the wild world of the Open Source Extravaganza blind you to what it's really worth.

    -----------

    "You can't shake the Devil's hand and say you're only kidding."

  • Apple may or may not be legally right, but in terms of marketing, this seems like a dumb move. The more computers don't look like Windows, the more acceptable it will be for people to use non-Windows machines.
  • That was the other thought I had, after I got to bed. That whenever you do such a thing you note on the site that "skin has been made unavailable due to review" - something ambiguous, not saying it's illegal or thought to be in any way (I'm not arguing the point on whether it's based-on or a byte-by-byte copy in this case), but clear that it has been removed.
  • It's hardly impossible to run a stable NT server. In fact, there are plenty of site out there that do so. As for the multi-tasking part, well I've seen my Linux box sieze up under really high loads too, and it's got 128 megs of RAM. It's all about good administration and quality hardware. Yeah, maybe it is easier to run a stable Linux system (I'm not arguing that it isn't) but that doesn't mean Windows can't do it. Besides which, that's hardly an "innovation" - there are plenty of other stable operating systems out there; Linux is not the first by a long shot.

    -----------

    "You can't shake the Devil's hand and say you're only kidding."

  • Nope. The purpose of IP laws is to protect the owner of the IP. The US founders knew that making the information public would help spur

    innovation and industry. They also knew that people would not innovate if there was no reasonable chance of profit.


    Actually, no.

    The purpose of IP laws *is* to help the public.

    If the whole idea of patents were to help companies there wouldn't be this pesky disclosure thing, a company would simply have legal rights to an idea while keepingit a trade secret. Best of both worlds as far as a company is concerned.

    But laws are a contract between the people, via the government, and others, be they inividuals or companies.

    The law was enacted to help people by giving companies a way to release ideas and stimulate development, and in trade for this concession, the company was granted a privellage it wouldn't have otherwise, a legally enforcable monopoly on that idea.

    Patents do help companies, but (with the exception of bribes) companies don't make laws. Thus laws get passed to help/protect the people. If a law helps a company then it either is a failed law, which makes it unlikely it'll be a nearly-global law, or it helps both companies and people, as is the case with IP laws. Ditto with copyrights, etc.

    You must understand that there was a time before IP laws, that IP is fundamentally different from property and needs different protection.

    Imagine a hungry hunter with a club, he sees a hunter with a spear and thinks "Wow, that'll let me kill wild pigs, which are plentiful". Is he going to try to offer this other hunter something in trade for the right to use the idea, or will he simply sharpen a long stick and make himself a spear? At some point after this it was decided that it helped society to making IP laws, in the same way it helped to make traffic laws, but that doesn't mean that either are an inalienable right, or that they have always existed.

    That said, IP laws are good only as long as they stimulate growth. When they retard progress, they are no longer in society's best interest and should be phased out or changed. And as IP laws aren't an inherent right, companies don't have the right, or ability, to protect any idea, just certain small classes of ideas.

    Letting Apple protect the desktop would be like letting FedEx protect the idea of next-day parcel delivery by preventing anyone from doing so for a certain number of years. Judging by the low costs and large number of courier companies, it appears to me that letting it evolve naturally worked better than by granting exclusive rights to one company.

    All I know is that given the current state of IP law and precident, what Apple is doing is legal.


    If the desktop theme is patentable, or copyrightable.

    Copyright are only on the representation, so the fact the the themes are merely similar, not exact, should mean they can't use a copyright.

    Patents protect whole ideas, but (with a sane PTO) are only applicable on a novell implementation of the idea, not on the overall idea.

    I don't really think Apple can protect their GUI, or should be able to.

    But, throw enough lawyers at it...

    Apple doesn't participate in the so called "gift culture". I would note that the "gift culture" has gained far more from proprietary culture than vice versa.


    Not at all. The specific gift culture we call Open Source, maybe. But Apple has thousands of years of discoveries, much research into usability, the networking knowledge of the people who developed the internet, etc. You couldn't write an exhaustive list of what Apple got for free from the world at large.

    They deserve...[snip]


    They deserve the same things any other company does, the right to use the laws as appropriate. *If* any laws help them in this case, they deserve to be allowed to use them. But, I doubt there are, because the GUI isn't easily patentable, copyrightable, or trademarkable, except as a whole unmodified unit, or only in small pieces, not as a cohesive idea in any form.

    They are after two things: money and mind-share. Just because you are focused on "status points" as the measure of how to "win" doesn't mean that they are as well.


    Sure, money means more to them than status. Does to me too. I'd rather be as rich as Gates than as famous as ESR.

    But, you can't make money off of everything. They don't have the right to profit from something just because they're a company. If they're can't make a profit, they can't make a profit. They could kick and scream, like babies, and get everyone to hate them again... not long ago if you said "Apple" around 98% of hackers, they'd spit. They could bring that image back, or they could realize that a look-alike design garners mind-share, if nothing else, and share gracefully, thus not pissing everyone off.

    They are a business, not a movement.


    And this just means they're a movement concerned with getting money. But there is such a thing as delayed gratification... doing something for mind-share now, to get market-share later.
  • Exactly (asside from the italic thing)...

    The law, as passed by the people (via government) is designed to help the people, and it does so by offering a compromise to corporations such that in most cases, both benefit.
  • If someone develops a clean, fast, bugfree environment then there's only one thing that can be directly copied, the cleanliness of design...

    Copying Aqua's look won't give you a computer or OS capable of doing the task management, and copying the look won't give you a bugfree GUI. Those are both part of Apple's implementation, and the protected code that Aqua's look is part of.

    The best innovations are the ones that customers think they need, hence bench-marketing. The problem is that these innovations are just ideas, the customers don't care about the tech behind them. Apple has to come up with great tech that they can copyright (or, ick, patent) underneath Aqua if they want it to be protectable. As it is now, it's just a copy of other GUIs with a slightly nicer polish.

    And then why should they have protection other companies don't? That task bar at the bottom... That's derivative. I mean, they're stealing from whoever MS stole from. etc. The whole thing is pieces from someone else's GUIs.
  • I was under the impression that while the idea of an optical mouse was nothing new, the MS mouse was leaps and bounds ahead of any other optical mice in that it can track on any surface and whatnot. Am I wrong?
  • Artistic expression is what a design patent [nmmo.com] protects. Apple would be wise to file for one. [the usual IANAL disclaimer]
  • I'd suggest, again, not being a lawyer, that if you got a notice like this you explicitly stated on the site: "This skin removed pending review" rather than yanking it.

    That way, if things got ugly, you can state "We removed the file for a review, based on which we reinstated it", rather than their legal team saying "They knew it wasn't meant to be there, yanked it, and then, when they thought we weren't looking, put it back up".

  • The big question now is "What do we want?" I want what the founders wanted: vigorous rights protection {snip]


    The problem is that we disagree about where rights come in. I can't see how some basic layout in a GUI is something you should have a right to.

    So Apple doesn't get to protect its new GUI because someone invented jello? Come on.


    But it isn't GUIs to Jello, it's GUI to GUI, and Aqua from what I've seen doesn't have any groundbreaking new innovation, it's tweaked to offer features that show off the G4 (moving windows while displaying movies in them, etc), to show that Apple is a 'hip' company, with the weird colors and lack of straight lines (Apealing to the iMac type), and to differentiate it from the prior versions.

    Nothing there is original. I've seen replacement window managers for Win9x where the design is similar (organic shapes, pastels, etc), you can do the same sort of things, draging a window, or it's outline, by a config option, in most OSes, etc.

    I can't think of a single thing about Aqua that is original enough that they should be able to protect it.

    People are copying it to give Aqua users a more comfortable time on other machines, to put menus in familiar places, an such. That it's so easy to copy the look of should mean that it's not a terribly complex or original idea.


    I think IP laws are a good thing in general, but I don't see why they should be strict enough to grant protection to this. It's like letting a home owner sue someone for Look and Feel because he used an interesting combo of colors painting his house.

    Apparently apple feels that protecting its GUI is a part of that revenue stream.


    Sure they do. They'd patent dirt if you let them. It's not unreasonable that they think of using the laws for their gain.

    We need to decide though, if we think this is a valid use of the IP laws, or if it's just posturing and legal threats. Apple *is* known for attacking other companies with (imho) spurious lawsuits.

    They traveled down that road once before and Microsoft won. Mindshare does not equal market share. You are failing to learn from history here.


    I beg to differ. In the Apple 2 days, Apple had a very large market share, and they made open, expandable computers, and shared information with customers. Then they made the Mac, killed the Apple // by abandoning it, made the Mac a less programmer-friendly system, an started attacking other companies for Look and Feel, etc. Apple's market share plummeted, especially considering they held 98% of the GUI market and it took years for their competitors to catch up, but by their inconsistent and rude actions, they drove away all but the most loyal customers.

    They're starting to win fans again, with their more standardized designs, where you can use the same cards as PCs, with PCI and AGP, with IDE HDs as an option, for the non-rich, with OpenGL support, and so much effort put towards supporting an open platform.

    But if they pull stupid lawyer tricks, they'll lose this generation of users just like they lost people 10-15 years ago.

    I watched it happen before, and I recognize a lot of their moves.
  • 1) I may be a vicious Mac defender, but I'm not an Apple apologist. When Apple does something dumb, I'm right there in line to smack them along with everyone else.

    2) Frankly, I'm torn. I do think that it's in extremely poor taste to copy a GUI on a system that hasn't even been released yet, even more so than copying one that's already been released. This said, however, Apple shouldn't be threatening legal action. One, they have no legal grounds for it. Perhaps they could try and nail you on copyright violations (since, at least for now, the only way to get the images used in these themes is to swipe them from Apple's own screenshots). But that's taking things just a bit too far.

    3) I don't think OS-based themes should be on the public sites anyway. The major sites like Themes.org are supposed to be for original works. At least, that was my undrstanding. The Aqua-based themes (and the Win9X-based things, and the Amiga-based themes, and the NeXT-based themes, and so on) are not original work by a long shot. Even the AquaOS line for Sawmill (which makes a few trivial changes to the button layout) couldn't be considered truly original. I suppose the Win9X GUI can't either (perhaps it's not really a MacOS ripoff, but the buttons are copied pixel-for-pixel from NeXTStep, not to mention most of the test of the GUI).

    4) The Linux community doesn't need an Aqua theme. We've always striven to be original, and succeeded. Witness the BlueSteel theme for E; there's proof right there that the Linux community can turn out a GUI that's even cooler than Aqua. Even those of you who don't like BlueSteel probably have your own favorites, and in most cases I'll bet it bears little resemblance to any existing GUI. Aqua's original. So were NeXTStep and BeOS. The Linux community can make and has made original GUI's in the past. Part of the appeal of Linux is that it isn't Windows or MacOS or BeOS or anything else. Why make it something it's not?
  • I'm a fan of the Scrollites themes myself. I have them all; even the "classic" three that were never released in 1.5 versions (and so cannot be used with the current version).

    And none of them looked anything like Aqua. I suppose you could make a very big stretch and show a small bit of similarity in the scroll bars. The two both use "glassies" but that's not what's being talked about here. The themes in question are pixel-for-pixel copies of Aqua. I don't know if that's "right" or "wrong" but it is in poor taste.
  • So apparently everybody cares about how their windows look, but don't give a damn about how they feel...

    Maybe I'm just one of those hopeless "function" over "form" people...

    --

TRANSACTION CANCELLED - FARECARD RETURNED

Working...