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Apple Businesses

Apple Still Says No To Aqua-Like Themes 589

JoFo writes: "Eric Yang, creator of several Aqua-like themes and skins for GTK+, KDE, Mozilla, gkrellm, and others, was forced by Apple to take down all Aqua-related projects on his web site. It appears they went to his employer as a way to strong-arm him. He writes on his web site 'I went to Apple to test cocoa for Mac OS X 10.1, and found a drag and drop problem with NSPopUpButtonCell. They didn't even pay me for my effort, yet they try to shut down my project. Isn't that ironic?'" Apple seems at least to be consistent in objecting to nearly any non-Apple project that reminds the company of Aqua, so maybe this was just a matter of time.
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Apple Still Says No To Aqua-Like Themes

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  • sigh (Score:4, Insightful)

    by ahknight ( 128958 ) on Thursday September 27, 2001 @09:53PM (#2362044)
    Let me spell this out: Apple owns the copyright on the design. Apple has the right to enforce this. Anyone who thinks they can get away with it is kidding themselves.

    Aqua is not the only thing they have going for them in Mac OS X(.1), but it's a big thing; it's what differentiaates them from MS in screenshots, etc. If any system can look like theirs, they lose out. I know it's nice, I'd like it on my Linux desktop as well, but it's Apple's property and this is their right, so let's not act too surprised that they try and stop it.

    Let us, however, ignore that Be never cared, QNX doesn't care, and MS really, really doesn't care (it probably even makes them laugh when a Linux WM has a Windows theme). Apple is 'special' in that they have to keep their lawyers fed or they start to go ambulance chasing when they get bored.
    • by Raul Acevedo ( 15878 ) <(raul) (at) (cantara.com)> on Thursday September 27, 2001 @10:06PM (#2362112) Homepage
      How different is this from the lawsuit with Microsoft oh so many years ago over look and feel? Apple lost that battle, right? If so, then what possible claim can they have over a theme, which is essentially just look and feel?

      If people are ripping off the actual icon files then that's one thing. But making something very similar, though not identical, seems like another look and feel issue.
      • That suit was more over the GUI concept itself than the look and feel. Today a L&F suit would probably win.
        • One of the outcomes of the Apple v MS case was that Apple 'won' the right to defend certain visual aspects -- the two I remember are the ridged titlebars and the trashcan.

          Considering that case was up and down in the courts for years, it looks like nobody's going to beat them soon.
      • by aozilla ( 133143 ) on Thursday September 27, 2001 @10:25PM (#2362182) Homepage

        The Federal Trademark Dilution Act became effective in January of 1996. Apple lost it's "look and feel" case before that, I believe it was 1995.


        Of course, had The Federal Trademark Dilution Act been in effect in 1984, Apple probably wouldn't be called Apple any more, since they would have lost the trademark dispute against Apple Records.


        • by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Friday September 28, 2001 @05:56AM (#2362918) Journal
          Two things:

          Apple settled that trademark dispute. They paid Apple Records lots of cash. This is all well and good.

          They lost their "look and feel" case, but Microsoft had not bit-for-bit copied any of their artwork. Using identical key-commands is one thing. Using someone else's bitmaps is another. This is also all well and good.
          • Apple settled that trademark dispute. They paid Apple Records lots of cash. This is all well and good.

            They paid Apple Records lots of cash only because they broke the original agreement, and went into the music industry. They wouldn't have had that "lots of cash" back in 1981, when they were originally sued, and with the Federal Trademark Dilution Act, it doesn't matter if you are in competition or not.

            They lost their "look and feel" case, but Microsoft had not bit-for-bit copied any of their artwork. Using identical key-commands is one thing. Using someone else's bitmaps is another.

            They lost their "look and feel" case because they sued over copyright infringement, not trademark infringement. Trademark infringement at the time of that case was based on "a likelihood of confusion". No one was going to confuse a Mac for Windows, they were clearly told what they were buying when they bought it, so the trademark law (at the time) did not apply. Also, trademark infringement cannot apply to functional aspects, such as key-commands would likely be considered. Functional aspects are the sole domain of patent law, and patent law is subjected to many more restrictions (for instance the limited time provision).

            All of this changed in 1996. I suggest you read the Federal Dilution Trademark Law and see for yourself. I've linked it elsewhere or you can search on Google. This country made it 220 years without that stupid law. Anyone who argues it's necessary is seriously deluding themselves.

      • by Auckerman ( 223266 ) on Thursday September 27, 2001 @10:53PM (#2362264)
        How different is this from the lawsuit with Microsoft oh so many years ago over look and feel?


        Very different. Apple lost because they signed a bad license with MS and it was ruled that Apple had licensed their look and feel to MS. Not many people know, as part of the IE budle/investment agreement, MS had to pay Billions (it's unknown, but that is what Apple claimed MS owed them) in back payments to Apple for licenses and as far as I know is still paying Apple to this day.

        • by Anonymous Coward on Friday September 28, 2001 @12:16AM (#2362475)
          Bullshit.

          Microsoft bought $120 Million in non-voting shares, promised to port Office and IE for awhile, and Apple said they'd make IE Mac OS's default browser.

          Apple didn't need the money (they have a few billion in the bank themselves), they just needed to show investors that Microsoft wasn't going to kill them. Microsoft got to keep some competition around, which was helpful during their little stay in court.

          Since then, IE has won the browser war, Apple is in a great (for them) position in the market, Mac OS X is out and growing strong, and Microsoft has not split and has quietly sold that $120mil of non-voting shares.

          Billions in secret back payments? It's a nice story, but no.
      • by Noer ( 85363 ) on Thursday September 27, 2001 @11:06PM (#2362296)
        Apple lost that case because it HAD licensed the Mac UI (or elements thereof) to MS for Windows 1.0 and subsequent versions, because otherwise MS threatened to cancel Word for Mac (which had 50% of the mac wp market).

        This skin issue is different; nobody's licensed the look & feel from apple.
      • by Bastian ( 66383 ) on Friday September 28, 2001 @01:15AM (#2362566)
        If you look on TV, you'll notice that everything about an Apple computer is easily recognizable. Apple's computer designs are one big marketing ploy, turning the owner him/herself into an advertisement. Much like Abercrombie&Fitch t-shirts.

        If you see a PC across the room, you barely notice it. If you see a Mac across a room, you notice. Nothing else looks like an iMac, a G3/G4 tower, an iBook, etc. Apple wants to be visible, and that makes sense.

        The same goes for Aqua. Aqua looks like nothing else - and Apple wants to keep it that way. If Aqua themes became popular, then screenshots from Apple computers would not stand out as much - and therefore, Apple would not burn itself into peoples heads nearly as clearly.

        • That may be all fine and good - but where do we draw the reasonable line in extending monopolies via copyright?

          Do we justifiy the general and wide reaching oppression that is a 'look and feel' copyright simply because Apple wants it this way to maximize their mind-control (advertising) methods?

          I dont feel it is reasonable, with this 'look and feel' logic, we can grant ourselves monopolies on seeminlgy mundane objects and copyright their look and feel... present Plutocratic interests aside, where is the reason in this? Has capitalism begun the big-crunch where the barrier to entry is so unbelievably high that the present powers that be will simply buy and sell new enterprises and legislate the rest into oblivion?

          If i were American Id be very scared for the future.

          Because Im Canadian Im very scared that my own country cannot resist the empty and shallow influence from from the empire to the south...

    • Re:sigh (Score:3, Informative)

      by Spy Hunter ( 317220 )
      The thing is, you want to have an Aqua theme for Mozilla so you can use it on OS X and have it look like it belongs. Now Mac users will never be able to have Mozilla fit in with the rest of their computer. Some Mac users will probably go with IE just for this reason.

      Trolltech has a perfect Aqua theme for their QT Mac version that Apple let them make. It could simply be recompiled for any platform, but Apple won't let them for obvious reasons and no one else has the source so the Aqua look is still restricted to OS X. Mozilla doesn't get anything of the kind. I don't even know if it's possible to make such a platform-dependent Mozilla theme.

      I have to say I sort of see Apple's point with the other themes though. An Aqua KDE theme would infringe on their IP. I just wish they would let a Mac port of Mozilla have a Mac look.

      • Re:sigh (Score:5, Informative)

        by iso ( 87585 ) <slash@wGINSBERGarpzero.info minus poet> on Thursday September 27, 2001 @10:27PM (#2362184) Homepage
        I just wish they would let a Mac port of Mozilla have a Mac look.

        Oh give me a break. If there's that much demand for an Aqua look-and-feel "theme" for Mozilla then somebody will put in the time to add native Quartz calls [mozilla.org] to Mozilla. Adding a silly "theme" is not the way to do this when it's on the native platform of Aqua. Besides, how would you do transparencies with a theme? An Aqua "theme" would be a hack for these purposes.

        If Mozilla were changed to use native aqua screen widgets, then the only thing needed to make it look like it "fits in" is a very simple theme for the menubar buttons -- a theme that Apple wouldn't complain about at all and it would be 100% original artwork.

        - j
        • by iso ( 87585 )
          Actually I meant to link to this bug [mozilla.org] above, but the one I linked to is relevant as well. These feature requests are the way to make Fizilla more "Mac" like, not some hack theme.

          - j
          • Re:sigh (Score:2, Interesting)

            by Anonymous Coward
            The issue is deeper than something in Bugzilla -- it's the fact that Mozilla was maldesigned in such as way that it's non-native on all platforms, because they assumed that platform differences could be papered over with different GIFs.

            This has led to wonders such as OpenVMS and OS/2 ports, but at the cost of it being slow and ugly everywhere else.
        • by DrXym ( 126579 )
          Anyone who's tried to develop a cross-platform app knows how hard it is to use native widgets, hence the reason they all invariably end up going XP - JFC (after Sun dumped AWT), QT, GTK, Staroffice and so on.


          Mozilla is no different and was primarily motivated to go XP because native widgets couldn't do what the CSS specs demanded and that it was next to impossible to produce an decent XP frontend around them. And while this has lead to a few speed bumps on the way, it's turned out to be a good thing. The vast majority of Mozilla is now totally cross-platform and skinnable and most of the time you'd never know you weren't using native widgets.


          It is for this reason you'll never see Mozilla use native widgets again. There are some vestiges of native widget support still in CVS but it's so bit rotten it would never work. In fact the only way you'll ever see an Aqua Mozilla is if:

          1. Apple produces an Aqua skin or blesses and official mozilla.org skin (that only works on OS X of course).
          2. Someone embeds Gecko inside an native GUI, just like Galeon on GNOME.

          Either option is quite likely to happen at some point. I don't see why Apple would get funny if Mozilla had an "official" aqua like theme just as IE does.
    • Design *copyright*? (Score:3, Informative)

      by Gregoyle ( 122532 )
      Unless I'm completely wrong (which is entirely possible; I have a cold and it's early) you cannot *copyright* a design or a layout. And even if you did, only a direct copy would be infringing.

      You can *trademark* certain symbols, phrases, or whatever that help differentiate your product, but I sincerely doubt that you can trademark an entire look and feel. For instance, if the theme developers used the Apple logo in their themes that would obviously be trademark infringement.

      But if they just make green red and amber buttons, and themes that look like Apple themes I think they have some ground to stand on. Pontiac can make their cars look like Ford cars if they want, but they can't put Ford's logo on them. And these themes aren't even being sold.

      I'm not saying that Apple is behaving like an evil dictator or anything, only that it's not a black and white case.
  • by NitsujTPU ( 19263 ) on Thursday September 27, 2001 @09:54PM (#2362050)
    I don't think that they will ever be able to claim rights to "all pretty translucent themes."

    Just name it something else already.

    If you get into trouble, throw some prior work, like your favorite drinking glass into evidence.
  • by woodja ( 28457 ) on Thursday September 27, 2001 @09:56PM (#2362061) Homepage
    This might be flame bait for some, but why are we so upset about companies wanting to keep their own image?

    Of all things to fight about, it seems that the appearance of a desktop should be the least of our worries. If Apple wants to keep their Aqua desktop to themselves, fine. Let's be creative and make something better. There are many themes out there that rival Apple in functionality and appearance.

    • by Ridge2001 ( 306010 ) on Thursday September 27, 2001 @10:04PM (#2362102)
      but why are we so upset about companies wanting to keep their own image?

      Personally, I am not upset about anybody "wanting" anything. (It's a free country, you can want whatever you feel like wanting.) I am upset about archaic intellectual property laws and the level of corporate control over our society.

  • by Ghoser777 ( 113623 ) <fahrenba@ma c . com> on Thursday September 27, 2001 @09:56PM (#2362063) Homepage
    I found a bug in NSImage that makes deallocating objects across the Objc-Java bridge fail, and I doubt I'll get a t-shirt. When he filed a bug report, apple make no cliam of repaying people for their free services. I don't think Linus sends people cash or free Tux Dolls when they make fixes to the kernel.

    I am kind of peeved at apple not allowing themes. Maybe they're just holding back on their own theming system for sometime before Macrh 23rd of next year. I guess they're philosophy makes sense: they want people to look at a Mac OS X machine and know for sure that it's a Mac OS X machine. Plus, if it's a theming system not from apple, future updates could hose the system over (The move from 10.0.4 to 10.1 to one .rsrc file and split it into two, for instance).

    F-bacher
    • by AftanGustur ( 7715 ) on Friday September 28, 2001 @02:05AM (#2362621) Homepage

      Is he suprised he didn't get paid?

      As I understood his comments, he was only pointing it out that Apple is all to happy to take input from the community, but doesn't allow the same community the freedom of artistic expression.

      • by neo ( 4625 )
        As I understood his comments, he was only pointing it out that Apple is all to happy to take input from the community, but doesn't allow the same community the freedom of artistic expression. Artistic freedom would be inventing your own theme that was as creative and unique as Aqua, not implimenting a copy of someone else's creative content on another system.
    • by gig ( 78408 ) on Friday September 28, 2001 @03:57AM (#2362764)
      There is still a lot of the theme technology from Mac OS 9 in Mac OS X. When artists complained that Aqua was too colorful, they added a "Graphite" theme to go with "Blue". Even though they are identical except for colors, these really are two themes. It's just that there is no theme interface for the user to add more themes, and no public documentation on "how to make Mac OS X themes". They could still open it up later, once people start to know what Mac OS X looks like, understand that it is different from Mac OS 9, and assume that a Mac is running Mac OS X no matter what it looks like. While 9 and X co-exist, it's important for X to look "like itself". They are getting tons of user feedback, and following that feedback quite closely ... it helps if all the users are using the same GUI ... it helps if Adobe doesn't have to hear from skinning enthusiasts about how their panels won't skin or whatever in their first Mac OS X app. There's enough to do already, with a complete rewrite of an OS.

      A big problem that became evident with themes on Mac OS 8 and 9 (and maybe soon on Windows XP) is that they break really easily when you have a large and diverse GUI application platform that already exists before you start skinning the OS. Out of any ten Mac apps, you would find one or two of them wouldn't skin right because they had custom UI elements or design elements that were meant to go with the default look. I heard that Microsoft was trying to drop themes from Windows XP for this reason, but they are in there in some limited fashion, apparently.

      The Aqua guidelines warn application developers not to assume that the GUI will always look like it does now, so Apple is trying to keep their options open for later. Maybe for Aqua II, and maybe for themes. With all the work they've done for Mac OS X, I think they probably could live with the idea of putting themes on hold for a while. Mac OS 8 was on the cutting-edge of skinning interfaces, but it also got to see a lot of the problems with the process. Mac OS X version 11 might be the place to work that shit out. They can sell a journaling file system to pros and themes to consumers and kids.
  • by standards ( 461431 ) on Thursday September 27, 2001 @09:57PM (#2362071)
    The law is designed such that if companies want to stop a few people from taking advantage of their work, they have to stop everyone.

    For example, if a collection of friends decide to create an Aqua-like theme and distribute it, what's that to prevent Microsoft from doing the same?

    Clearly Apple is in competition with Microsoft, and it doesn't have any particular desire to permit Microsoft to make use of it's so-called user interface innovations.

    Apple clearly built the Aqua theme, and spent a lot of time and money developing it into something that Apple hopes to be a brand-identifier. For a 3rd party to create a very similar branding, and then release it in such a way that Microsoft could use it flys in the face of why Apple developed the interface to begin with: To outpace Microsoft in interface design.

    So although I feel for the individuals who have spent so much effort to clone the Aqua interface, it is also easy to appreciate Apple's stance on this issue.
    • by plaisted ( 449711 ) on Thursday September 27, 2001 @10:56PM (#2362273) Homepage

      For example, if a collection of friends decide to create an Aqua-like theme and distribute it, what's that to prevent Microsoft from doing the same?

      Nothing. Microsoft has already done this, in a way. The user interface for windows XP (called Luna) seems to take a lot of inspiration from Mac OS X without directly copying it.

      And look at this shot. [apple.com] of Mac OS X:

      Now look at these shots [brighthand.com] of the next version of windows CE (Pocket PC 2002).

      Notice any similarities in the upper right of the screen?

      As to whether this is legal (or would be if MS didn't happen to have billions of dollars), IANAL.
    • same lame excuse (Score:3, Interesting)

      by mj6798 ( 514047 )
      The law is designed such that if companies want to stop a few people from taking advantage of their work, they have to stop everyone.

      That's the same lame excuse that comes up again and again, and it's false. If Apple claims protection under trademark law, yes, they need to enforce their trademark, but they can still license it to whoever they want to. If Apple claims protection under copyright law, they can enforce as selectively as they like without losing their copyright.

      Whether Apple actually has rights under either trademark or copyright law to gumdrop-based, colorful interfaces really has never been tested. So far, it's all just hot air and lots of expensive lawyers.

    • But with all due respect, you're completely wrong. Apple does has a great deal of say as to who gets to "abuse" their copyright. If a few kids want to play around with it, Apple can allow it by simply not pressing a lawsuit. If Microsoft tries it Apple can then choose to sue. The choice is completely up to Apple. What's more, there is literaly no one who has any legal authority to question Apple's decisions as to who to sue and for how much. Now, what they win is subject to the Courts, but if they decide to let one slide, that does not set a precident.

      I can't stress that enough. Deciding not to prosecute a copy right cast does not in any way constitute a forgoance of that copyright. Example, if I rip the Terminator 2 DVD and distribute it to my five best buds in the world and MGM decides that it's really not worth sueing me over five copies of a DVD, that does not mean that MGM no longer has a leg to stand on in suits against online distributors of pirated video.
    • For example, if a collection of friends decide to create an Aqua-like theme and distribute it, what's that to prevent Microsoft from doing the same?

      You hit the nail right on the head. That is the real reason Apple has to go after the unpaid developers of free, open source copies of their look and feel. Apple doesn't give two hoots about whether or not a few hundred people running Linux have a desktop reminiscent of Aqua. They don't even care if a few thousand Windows users do. They are trying to protect against the precedent, to prevent Microsoft from copying every good thing they do and using it against them in the market.

      It isn't about right or wrong -- and sorry, it isn't about Eric Yang's free clone. It is about Apple defending its IP against a real competitor.

      Interesting points to consider though:

      Could Apple have negotiated a license with Eric? Legally, they have to defend their copyright each and every time, but that doesn't stop them from signing a deal with Eric. Granted, it would be hard to justify why they would pay good money to their lawyers to draft that agreement (because Eric can't/wouldn't pay for it).

      Seeing as Apple is being propped up by Microsoft anyway (the $150M bailout, still bothering writing office and IE for the Mac, etc.) simply to make things look less like a monopoly, would MS have actually wanted to copy Aqua if that would caused some of the remaining niche handful to migrate to XP?

      Or is Apple actually being mindful of how Linux is eroding the MacOS/MacOSX marketshare? (It may not be, of course, I'm speculating).
  • by guisar ( 69737 )
    I guess Apple has not learned the lesson which resulted in their nearly single digit share of the computer market- namely that imitation is the sincerest form of flattery.

    The more people who are familar with the Aqua theme the more people will admire it and the more people who will purchase OSX or an Apple product to run it on. The more people who see Aqua, the more people will realize how truly lame Microsoft Windows has become.

    We users of Linux are not the enemy. It's our nature as evolutionists to adapt what is superior and advantageous and disgard what is not. We spread the word, we improve the breed. We also turn vicously and persistently against those who oppose this natural way. Their legal actions can't change nature, they can only create ill will.

    I hope someone outside the US will take up the Aqua bandwagon and propagate the theme. It's beautiful.
    • If you can get the same look and feel of OS X on a windows or linux machine via a theme, why on earth would the OS X look and feel (i,e, Aqua) be a deciding reason to use OS X?

      F-bacher
  • Qt/Mac (Score:5, Interesting)

    by infiniti99 ( 219973 ) <justin@affinix.com> on Thursday September 27, 2001 @10:00PM (#2362088) Homepage
    Trolltech had to recreate the Aqua look [trolltech.com] for Qt (the GUI toolkit, not QuickTime), since Qt emulates the look of the native system rather than wrapping. Like all other QStyles, there is probably close to no platform specific code in the engine. Unfortunately, only the Qt/Mac release will feature this style, as it apparently would go against "Apple rules" to distribute this into other Qt releases, like X11. So I guess it is ok to emulate the Aqua look as long as you are going to run on the Apple platform. That or Apple specifically granted Trolltech this permission, as Trolltech has mentioned they "coordinated with Apple" to make Qt/Mac.

    While I have suspected Qt/Mac will not be GPL for other reasons, I believe this is a really strong reason as to why it won't be. If it were GPL, then any coder could just snag the style and compile with X11. Why mess with pixmap styles when you have close to the real-deal as a rendering engine?
    • Re:Qt/Mac (Score:4, Interesting)

      by update() ( 217397 ) on Thursday September 27, 2001 @10:32PM (#2362202) Homepage
      From a recent interview [kde.org] with TrollTech's president on the KDE news site:

      Q. When Qt comes to Mac will Linux and Windows users be able to use the Aqua theme?

      A. No, they will not be able to. Apple is very protective of the Aqua design, so we will not be implementing it on other platforms. Apple has offered their help to promote Qt/Mac, and we don't feel that going against their wishes will help them or us.

      Honestly, I don't get why free software enthusiasts aren't embarassed to keep whining about this. Apple created this, let them have it. Either come up with something better or stop snickering about Microsoft and 'innovation'.

      • Apple created this, let them have it. Either come up with something better or stop snickering about Microsoft and 'innovation'.

        Never a truer word. And make it faster, for gods' sake. I'm sitting here using KDE on a P3-933 with 128Mb and it's a dog. Fast enough, sure, but still a dog.

        Dave
  • Apple has a really bad taste in their mouth from the last time their "look and feel" was blatantly copied [microsoft.com]. I've used Aqua quite a bit since it came out (one of our machines here at work runs OS X) and it is a *very* slick interface. If they set the precedent of tolerating copying by allowing us Linux users to use similar themes, M$ would have a very good argument to cover their butts when Apple inevitably sues them for doing the same thing.

    -sting3r
  • by kfg ( 145172 ) on Thursday September 27, 2001 @10:16PM (#2362153)
    that can use the Ferrari prancing horse logo without express permission. Ferrari is even the only company, by actual court order, that can make cars that are SHAPED like Ferraris.

    Ferrari is NOT the only company that can paint its cars red.

    There are limits to claiming 'themes' as a trademark.

    KFG
    • If this is the case, then Vicks [vicks.com] has prior art due to their NyQuil and DayQuil brands. Remember those "LiquiCaps" commercials? The first time I saw Aqua I was sure they got the 3D models from Vicks' art department and just colorized them. :P
  • by green pizza ( 159161 ) on Thursday September 27, 2001 @10:27PM (#2362185) Homepage
    (Prepare to lose all karma)

    Apple has changed, Apple is no longer the company it once was. Aside from the fruit-shaped logo and the menubar running across the top of the screen, Apple Computer is pretty much a modern consumerish NeXT. I've used Apple machines since my former job bought a small group of Lisas in 1983. While I mainly used Amiga and Windows machines at home, I had grown to love the Mac and it's various shaped beigeish gray enclosures. Over the years Apple had made one hellofa a platform. By 1992 we were using Quadra 950 and 800 machines stuffed full of ram, video and graphics nubus cards, and all sorts of wild accelerators. The MacOS (System 7.1 at the time) had no problem with our multiple monitors or our 640x480@30fps streams of mjpeg compressed video. Color correction, TrueType fonts, postscript, ethernet networking (both TCP/IP and AppleTalk/Ethertalk) worked great right out of the box. Macs in that era were ungodly expensive and worth every penny. Perhaps they still are today, though in a slightly different way.

    Then came 1993 when Apple start seeding their early PowerPC machines, and eventually began selling them in 1994. Apple forgot how to make great hardware. They began to rely on the CPU to do everything. Sure the PowerPC had some great oomph, but it alone could not make up for poor design elsewhere. Luckily, the second generation of PowerPC based macs in 1995 (7500, 7600, 8500, 9500) were **very** improved, yet still nothing like the Quadras were back in their day. Eventually the third generation (G3) of Macs shipped, first in beigish gray boxes and later in the funky blue&white swing-down enclosure. By now Apple was bring back the performance, incorporating USB and Firewire. But what they had was nothing much more than a modern PC with a different CPU and OS. The G4 machines with their mighty PowerPC 74X0 CPUs have allowed us to do some pretty exciting things with the CPU alone, but again, it's nothing too special.

    So what has Apple done to differentiate itself? When Steve Jobs returned he and his gang of NeXT thugs took the marketing and software angle. They introduced a funky new interface that looked nothing like MacOS, NeXTstep, or Windows. They created some cool consumer and pro apps (iMovie, iDVD, iTunes, Final Cut Pro, DVD Studio Pro) that made use of the G4 architecture and other features of their machines. They've also become far more mainstream with their retail stores, online ordering, and strict warranty policies.

    It comes to me as no shock that Apple wants to defend it's GUI look-and-feel. I love the Macs I use at work, but to be honest, Apple is always on the brink of disaster. Consider the following: PC makers, along with motherboard designers integrate more cutting edge features that ever, and do so with great stability and success. Software makers, especially Microsoft, cater to both the newbie while still offering powerful professional features (much like FontSync and ColorSync) all while maintaining tight integration with said PC makers. Drop the price a bit, woo some users. Build some cool enclosures that both look nice and are a dream to work with. Boom. No more need for Apple.

    If you think about it, this is already happening. And fast. As every month ticks by, Apple has to work harder, better, and faster to keep up. It should be no surprise that Apple wants to defend one of the very things that differentiates itself from the commodity Wintel PC market.

    Apple has done some great things over the past 25 years, perhaps more so than any other company short of maybe SiliconGraphics and IBM. I applaud their efforts and love working with their products. I also wish them the best.

    • Parallel Universe? (Score:5, Insightful)

      by TheInternet ( 35082 ) on Friday September 28, 2001 @12:08AM (#2362464) Homepage Journal
      Apple is always on the brink of disaster.

      Apple's the one with $4.2 billion in the bank, who has laid off a total of 50 people since the PC industry downturn, and (with one exception) has profitable every quarter since Q1 1998. Contrast this to all the mass layoffs throughout the industry. There is tremendous value in the company.

      PC makers, along with motherboard designers integrate more cutting edge features that ever, and do so with great stability and success

      Stability? Which industry are you talking about? Certainly not the one with Gateway, Compaq, VA and HP in it.

      Apple has some of the best hardware overall in the industry. The were the first to ship DVD-R, first with built-in wireless antennas, first (and only, as far as I can tell) with gigabit ethernet standard on desktop hardware, and the legacy-free aspect of the iMac certainly drove USB acceptance. Their machines are quite energy efficient, and in some cases, fanless. Their towers are the easiest to manipulate of any manufacturer I've seen. There are weak spots, like the bus speed, but there is plenty to appreciate as well.

      Software makers, especially Microsoft, cater to both the newbie while still offering powerful professional features (much like FontSync and ColorSync) all while maintaining tight integration with said PC makers

      Tight intergration with PC makers? Is that intergration as in "include Netscape and we'll revoke your license" or as in "this driver keeps giving me error messages?"

      Build some cool enclosures that both look nice and are a dream to work with. Boom. No more need for Apple.

      It's just that simple, eh? :) I'm always surprised to hear people really do believe people buy Macs just because they look cool. That's just icing. And the bit about a "dream to work with," you sure make that sound easy to implement. It's not a one time thing. It's a design philoshopy, one that costs substantial time and money to develop, maintain and enforce. Apple spends a considerable amount on continually evolving the concept of a personal computer. Those 30% margins? A lot of it goes right back into the products.

      It should be no surprise that Apple wants to defend one of the very things that differentiates itself from the commodity Wintel PC market.

      You're right, it's not. The legal system says Apple has to virgiously defend its ideas at every point along the way, or loses the right to do so later. I don't think Apple's really all that concerned about people buying a machine to run Linux instead of a Mac just because E has an Aqua theme.

      But here's something else I'm wondering about -- why are people still creating Aqua themes? Apple has asked repeatedly for people to stop. Why does this continue? Surely theme creators can come up with something new. Why not just respect Apple's wishes? It's not like OpenSSH, where you need replication for compatibility reasons.

      You don't even have to look at it from a legal perspective since they haven't actually sued anyone. What if somebody asked you to remove a desktop picture they created from your theme package? Wouldn't you do it? Is this all that different?

      - Scott
      • But here's something else I'm wondering about -- why are people still creating Aqua themes? Apple has asked repeatedly for people to stop. Why does this continue? Surely theme creators can come up with something new.
        Why not do something that changes Aqua for the better and release that? Rather than slavishly copying the colors and curves of the buttons, do something useful, like move the kill and shrink buttons to opposite corners of the window where they belong, dammit!
  • by beanerspace ( 443710 ) on Thursday September 27, 2001 @10:28PM (#2362191) Homepage

    On one hand, I can see how Apple might be a bit sensitive about people copying their look and feel, especially after loosing their Windows battle with Microsoft in the late 80's.

    On the other hand, if Apple were smart, they'd parly the desire for Aqua themes into Mac sales. A simple and direct ad campaign, "why settle for a cheap immitation when you can have the real thing..."

    Perhaps instead of shutting down Aqua themes, require that they include an icon and link back to Apple ... get some form free advertising out of it in return for allowing people to roll their own.

    Hmmm .. now that I think of it ... themes.org did go down rather hard and fast ...
    • Imagine all the trolls and newbies going "Gee, this theme sucks, I wouldn't want an OS where this is the permanent UI."

      It's called 'trademark dilution.' Good intentions, tho.

    • On the other hand, if Apple were smart, they'd parly the desire for Aqua themes into Mac sales. A simple and direct ad campaign, "why settle for a cheap immitation when you can have the real thing..."

      Funny, I seem to remember a bunch of "Not just IBM Compatible, it IS IBM" campaigns from the 80's. If the effectiveness of this simple and direct ad can be guessed by their PC sales, it won't work.

      The question that needs asked is: "Do the current Aqua-like themes use graphics taken from the real thing?" Apple can own the right the those images, the cool colored dots, window shade, check-boxes, et al. However they have no say if someone whips out GIMP or Photoshop and makes their own theme "inspired by" Aqua. If anything, this would be better for the end user; I like the colored dots, but the check boxes, dialog buttons, and radio buttons are annoying as all get out. In the mean time, I'll stick to the stock ShinyMetal theme for Enlightenment [enlightenment.org], one of the few true innovators in "look and feel". Who else has things like a slide out bar on the upper right of each window to hold the infrequently used options such as minimize-maximize?

      Toodles

  • ... If I were an Apple executive, it'd seem like free advertising to me. Besides, they took his product, so the least they could do is allow him to continue development on it.

    And since everyone in the open source 'movement' seems to believe that Apple supports them, why didn't Apple just offer to pay him for the project and make him one of their developers?

    It's what I would have done.
  • Apple legal (Score:3, Funny)

    by Stenpas ( 513317 ) on Thursday September 27, 2001 @10:30PM (#2362196)
    Apple legal has always been very brutal. If you go back far enough, you'll see that they have not lost a match yet, except for Apple vs. Microsoft. Even so, they did get Microsoft to basically admit that they just ripped off the MacOS. They won the legal battles with Colorsync, Quicktime VR, some company that copied the imac, and some other stuff. Not to mention a million and one Cease And Desist orders to places like macosrumors.com.

    Personally, I think Apple should sue Microsoft for stealing the rubber ducky and putting it in Windows XP! That's just SO WRONG!! it's Apple's ducky, and those punks at Microsoft think they can just horizontally flip it and call it theirs. It doesn't work that way! I'd go so far as to say the rubber ducky should be Apple's mascot.

    Wait. I think I heard from somewhere that Microsoft did remove the rubber ducky. Any truth to this?
  • I can understand why Apple doesn't want other operating systems to look like OS X, but why don't they want Mozilla to be able to look like an OS X app?
    • How do you reckon all those other OS X apps got to LOOK like OS X apps? They used OS X calls in the code.

      Mozilla CAN look like an OS X app, they just have to do it the right way, instead of some kludged theme that probably won't even be able to use transparency and other features of the OS.
      • by jesser ( 77961 ) on Friday September 28, 2001 @12:20AM (#2362486) Homepage Journal
        Several reasons for not using OS-native widgets:

        * HTML4 requires that you be able to make listboxes with a tree image in the background. How would you do that on Windows, where you don't have access to the widget code? Mozilla would be forced to use the common subset of what each OS's listbox provides, which would be a very limited listbox.

        * Native widgets sometimes have subtle restrictions. For example, Windows 98 will become unstable if you create several hundred native listboxes. (It usually doesn't crash, but toolbars will stop appearing in new windows; I consider that to be instability.) Internet Explorer suffers from this problem every time I get mod points on Slashdot, but open several top-level stories in different windows before I notice.

        * Native widgets may have less subtle restrictions, such as limits on the amount of text a textbox can contain.
  • Sosumi (Score:3, Funny)

    by Anonymous Coward on Thursday September 27, 2001 @10:36PM (#2362206)
    All I have to say to Apple is:

    SOSUMI
  • If somebody was trying to sell Mercedes-looking hood ornaments, so you can put it on your used honda, I imagine they would get sued.

    Yes, I disagree with this, no car aficionado would mistake a junky hundai with a mercedes hood ornament *coughlinuxcough* for the real thing, but the "rest" of the population(the unwashed slobs) wouldn't know better. That's how I see the whole OS X UI debacle.

  • by David Hume ( 200499 ) on Thursday September 27, 2001 @10:48PM (#2362249) Homepage

    He writes on his web site 'I went to Apple to test cocoa for Mac OS X 10.1, and found a drag and drop problem with NSPopUpButtonCell. They didn't even pay me for my effort, yet they try to shut down my project. Isn't that ironic?


    No, Eric Yang, it is not ironic. What it is going on is very simple. You are unilaterally, and retroactively, trying to impose some sort of bargain, agreement or understanding upon Apple. One that that they had no prior notice of, much less agreed to in advance.

    When you, Eric Yang, tested cocoa for Mac OS X 10.1, and found a drag and drop problem with NSPopUpButtonCell, you did so without any prior expressed or even reasonably understood conditions, understandings, agreement, or contract. You gave a gift of your own free will. Apple had absolutely NO reasonable notice that you were doing your testing pursuant to your secret, unilateral, unexpressed subjective belief that if you did such work, you could "of course" help yourself to the intellectual property embodied in Apple's themes.

    The solution next time is quite simple. Be honest and up-front. Contact Apple before you do the work and offer an explicit, clearly express contract: "I will do 'X' if you let me do 'Y.'" If Apple refuses your offer, then simply do not do the work.

    What you should not do is give a gift -- or what every reasonable person would construe as a gift -- of service while holding a secret, undisclosed, subjective, unilateral understanding that the "gift" is in fact conditional, and then whine and complain when your previously undisclosed condition has not been satisfied.

  • > I went to Apple to test cocoa for Mac OS X 10.1,
    > and found a drag and drop problem with NSPopUpButtonCell.
    > They didn't even pay me for my effort, yet they try to
    > shut down my project. Isn't that ironic?

    If I babysit your kids a few times, is it okay for me to smack them around a bit also?

    Whew, that was close. That car nearly killed you. I saved your life. Shall we go back to my apartment?

    Irony? No. Misplaced entitlement? Yes.
  • by faust2097 ( 137829 ) on Thursday September 27, 2001 @11:17PM (#2362324)
    If you people had any idea what people like me go through to create successful interfaces I don't think you would take this so lightly. Just because we do our work in Illustrator instead of emacs doesn't mean we're sitting there doing a paintjob. I used to code, I once wrote a device driver for Solaris [for a Gretag SPM-50 spectrophotometer if you're interested] but real UI design is the same amount of work.

    Developers in general don't have to deal with criticism from VPs or C*Os about the validity of how their stored procedures are set up. You don't have to sit behind a one-way mirror and watch a user rip the result of the last 3 months of your life to shreds.

    As far as Apple and Aqua goes, you have to realize what it is that Apple really sells. They provide a whole experience that spans hardware, software and everyhting else. They invested millions upon millions of dollars in developing Aqua so I don't think it's a big suprise when they see someone mucking with their stuff. I think they are less worried about "competition" than they are about their work being "diluted" and offered on a system that doesn't work as elegantly.

    What is everyone's great desire to rip off Apple's look anyway? Make something better if you're the expert.
  • Apple can be beaten (Score:3, Informative)

    by erroneus ( 253617 ) on Thursday September 27, 2001 @11:19PM (#2362329) Homepage
    "Look and feel" arguments made by Apple have been lost in the past. Being "similar" is not a good enough reason to be shut down. Many cars are similar to others. Many tools are similar to Crescent's tools.

    You cannot copyright a "look" or a "Feel." Perhaps a "Feel" can be patented as it involves a process or a series of processes. But a non-specific look cannot be copyrighted.

    First, I would take the approach that making these themes can be a form of satire and is protected speech. The expression can be as deep or twisted as you like.

    But only specific works can be copyrighted. Simply making a gui "shiney, blue and semi-transparent-looking" shouldn't be considered enough. Prior to the creation of Mac's Apple, I am certain other artists have created graphics with shiney, blue and semi-transparent-looking things in their works in the past. If Apple can sue based on that amount of similarity, the surely people who created their art prior to Apple's Aqua can sue the hell out of Apple.

    But there must be hundreds of cases where copyright suits were lost on the grounds that the work in question weren't similar enough or were protected speech. This attack on creativity and free speech should be defeated for the priciple alone.

    Apple's lawyers are just trying to earn their pay and justify their jobs. I hold them blameless. Apple believes they are protecting their stockholders' interests. I can blame them only for their lack of conscience and good sense.

    Thoughts?
  • The buttons in the Aqua theme look like Dr. Mario vitamin pills. Is Apple infringing nintendo's look and feel now?

    Actually, the "Vitamins" game in the freepuzzlearena [rose-hulman.edu] package infringes both nintendo's patent 5,265,888 on the game of Dr. Mario (although non-infringing gameplay is also available, and the infringing gameplay can be compiled out) and Apple's trademark on clickable buttons that look like vitamin pills (the default theme; create others with the Allegro [sourceforge.net] Grabber).

    On Windows, you just need binaries, themepaks, source [rose-hulman.edu], and this DLL [rose-hulman.edu]. On *N?X systems, you can recompile it from the source archive [rose-hulman.edu]; it requires the Allegro library [sourceforge.net].

    Have fun stepping on the toes of big corporations!
  • by burgess ( 6209 ) on Thursday September 27, 2001 @11:39PM (#2362381) Homepage
    i use sawmill on one puter, and macos on the other. i can't change the button bindings in macos, so i set up sawmill to use the same bindings and button positions.

    this works well, and stops me hitting the window menu every time i try to close an app (or worse). they don't have to look identical, just so long as they work the same on the subconcious level we use switches on (what stops you having to think "which is the indicator switch" in your car).

    ironically, now that i'm using the (unthemable) macos x, i am confused as all hell again because i'm used to macos 8.6. shite ... thanks apple!

    apple should realise that user interface should be more flexible (and easy to restore, if you want to enforce consistency), and that there are legitimate reasons for using an aqua or macos workalike on a non-mac platform.

    what's the best way to report improvements to apple for bugs and the like? i've got a call sheet here :)
  • I get tired of Apple's lawyers telling people what to do. Its the law, so what. There are more important things you know. A legal right is different from a natural right, you know. We're talking ethics here. If I am a painter and you made a painting that looks like my painting, does that mean I get to tell you not to show anyone your painting? Of course not!

    But, if I am that same paining and I am copying it a hundred times so that I can sell it and the only way I can make money off of it is by being unique and different; then can I tell you to put your painting off the wall and not give it to anyone?

    Yes! Of course they can! Because I am a poor company and spent so much money on my own paintings and if I allow you to paint something similar, I would not make as much money as I could have (also known as "losing money" in business speak) so of course I have this right!

    Truth is, there is no ethical reason for taking this project down. It seems that the guy is having problems through his employer...well, that sucks.

    So what do I say to do about it? Screw them. Stick the whole thing on freenet and tell people where to get it. Put it on newsgroups and get people to mirror it if they want to risk it.

    What we do on our free time is our business and screw the intellectual property laws. They don't have an ethical leg to stand on!
  • Double Standard (Score:4, Interesting)

    by jrwillis ( 306262 ) on Thursday September 27, 2001 @11:42PM (#2362391) Homepage
    Ok, let's see how fast I can get rid of all my karma....

    I don't mean to start a holy war or anything, but after reading the majority of the posts thus far I'm confused. While I agree with most people on here, that Apple has a right to defend its design from being copied, is there a double standard here between Apple and Microsoft? I just can't understand why when Microsoft does something like this it's the "Evil Empire" but when Apple does the same it's defended by the community. Then again, I guess I shouldn't try to understand the mindset of a group of people that post goat sex links and racist jokes more than anything else.
    • um... Microsoft hasn't done anything similar, as I recall.

      Nobody's been threatened by MS Lawyer(tm) for making a Windows-like GUI theme.

      You're comparing Apples and... erm... Oranges?

  • by veddermatic ( 143964 ) on Thursday September 27, 2001 @11:42PM (#2362394) Homepage
    Apple is wary for reasons:


    Microshaft stole thier implementation of Xerox's "desktop" operating system and ruined thier OS business.


    Then a clone maker came along for IBM hardware and ruined the margin on making machines.


    Apple has been screwed by others since the day computers became available to the people.


    Regardless of my (or your) opinions of thier hardware, software, OSes, and so on, if you were Apple, would you not fight with every single fiber of you being to protect everything you could?


    They are not going after people for money... they are simply saying "we made Aqua, at consideralbe expense (and again, I don't care what you think of it... it cost them heaps of money to develop) so please don't give it away to other platforms".


    Windows XP, Linux, or whatever does not DESERVE a GUI as nice as Mac OS X. My mom can buy a crappy box with Win XP and be frustraed by it. Having an OS X look alike theme could amke her biased agiant Macs. My mom would have no f*ing clue how to use Linux, so if see ever had to use a machine with Linux installed, and it had an Aqua theme, she might think that So X was hard to use. I *did* buy my mom an iMac, and installed OS X on it. She damn well humps the machine she loves it so much.


    So porting one is not only an infrigement of copyright, but just plain wrong as well.

  • Transmeta Image? (Score:2, Interesting)

    by deander2 ( 26173 )
    I find it really interesting that a guy who just got in trouble for copying a company's graphics (whatever you believe the merits of that are) is using the sky background image STAIGHT OFF OF TRANSMETA'S OLD WEB SITE.

    Is this a quiet way to rebel or is he just stoopid?

  • How sad--for Apple. (Score:3, Interesting)

    by mj6798 ( 514047 ) on Friday September 28, 2001 @12:21AM (#2362490)
    If Apple actually believes that their UI is better, rather than just their graphics, they should probably be happy about projects adopting an Aqua look for their projects: the more applications look like native Mac applications ported to other platform, the more mainstream MacOS X will appear. Furthermore, Apple could let some projects use their look and still draw the line at an Aqua look for Microsoft Windows.

    In any case, it's not worth worrying about. Aqua looks slick, but there are lots of nice looking themes, many of them more usable than Aqua. Rather than trying to clone Aqua, perhaps it would be better to port more free themes to MacOS X and give it a fresh, non-Apple look.

  • by Chanc_Gorkon ( 94133 ) <[gorkon] [at] [gmail.com]> on Friday September 28, 2001 @06:42AM (#2362974)
    And this is why he was shutdown. Just read the FAQ on that page and you will see that he had a blue apple in his theme. I don't think this is look and feel at all. It's because he used the freakin LOGO is why he had his themes shutdown. In fact, I believe you can still get the Aqua like look in enlightenment and the like from Themes.org, just not the Apple logos.

    Look and feel is ok, just don't use the TRADEMARKED logo.
  • Update (Score:4, Informative)

    by mr100percent ( 57156 ) on Friday September 28, 2001 @08:15AM (#2363195) Homepage Journal
    From the link:

    01/09/27/22:11
    This evening, I went to visit /., and found myself on the front page of /.. There were mix feelings about my Aqua projects. I only wanted a browser that works well under Mac OS X, and looks like Aqua. Too bad, I am unable to share that joy anymore. I did not expect to get paid for fixing cocoa, but I felt bad that I helped Apple to write a interface library. Then I was denied to use this interface unless I used their library. In essence, why should I bother to help them with the interface when I am denied to use the interface. I just begin to enjoy working with Apple software, but Apple isn't making it easy for their developers. Anyways, I only hope that Apple would write cocoa UI for Mozilla, then I will not need this project. (OmniWeb is not good enough, yet)


    Want some cheese to go with that whine? [everything2.com] Didn't this guy steal all the widgets from Omniweb?


    How much helping of writing a library did you do? Bug-fixes shouldn't count. I think Apple is great with developers in OS X, short of bringing out Steve Ballmer to chant it. I wouldn't expect Apple to lend a hand with Mozilla, they have not a lot of interest in it.

    As for Mozilla with an Aqua UI - it's a great idea - check out http://sourceforge.net/projects/qbati2/ [sourceforge.net]

  • Theme.org, listen (Score:3, Interesting)

    by Wolfier ( 94144 ) on Friday September 28, 2001 @08:30AM (#2363233)
    copyright the themes as GPL too...and when Apple finally gets their own theming engine, sue them with anything that looks familiar.
  • by Ukab the Great ( 87152 ) on Friday September 28, 2001 @02:22PM (#2365406)
    Until Linux folks understand basic principles of GUI design and are willing to accept widget layouts based on principles of cognitive psychology and not on "because it looks cool" or "Windows does it", we are all far better off with linux looking plain butt ugly. I have gotten really, really sick of many developers in both KDE and GNOME being only concerned with aesthetics and making the ultimate critera for good GUI design being "it looks perty". If I had a dollar for every absolutely beautiful set of themed widget laid out in the most confusing and usuable manner possible, I could hire both desktop environments teams of competant HCI professionals. It might be far better that potential linux converts won't have aesthetically pleasing themes that might suck them into a world software with even less usability than Windows. Maybe a lack of attractive themes would force the linux desktop environments to focus on areas of the GUI that really count in a user getting their work done. A macintosh from 10 years ago is still more usable than tonights build of GNOME or KDE. And it's far, far less pretty. Themes? Prettiness? A really GUI programmer craves these things not.
  • by TheInternet ( 35082 ) on Friday September 28, 2001 @06:09PM (#2366260) Homepage Journal
    From MacNN.com [macnn.com]:

    Apple has apparently worked things out with Eric Yang, whom we earlier today reported was prevented from developing an Aqua front-end for Mozilla and Netscape [simweb.net]: "What Apple objected to was not Aquafying Mozilla, but rather the way I was doing it via emulation, thus not giving Mozilla users a pure Aqua experience. Apple is willing to provide information for creating real Aqua experience for Mozilla. Right now, my efforts are focused on an Aqua interface for Tenon's iTools, so work on Mozilla for the moment is in abeyance."

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