=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
This E-mail is Sponsored by: Small Dog Electronics
--> Specializing in New & Factory Refurbished Apple computers <--
Surf to <http://www.smalldog.com> Check out our daily specials!
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
http://www.insanely-great.com/news.php?id=1763
Lindows.com wins right to view Apple, M$ docs
By ron carlson, Insanely Great Mac
March 3rd 2003
Jury trial delayed until Dec 2003 as Lindows processes over 300 boxes of evidence
Lindows.com has announced that the United States District Court in Seattle has ordered
Microsoft to produce more than 300 boxes of evidence in the "windows" trademark
dispute, resulting in a trial delay. The jury trial was scheduled to begin on April 7
and has now been rescheduled to begin on Dec 1.
The newly produced documents include documentation from the 1992 Apple vs. M$ case.
The documents reveal that elements such as windows, icons and menus were not the
property of any one company because they were widely used in the computer business.
This is contrary to Microsoft's current argument that they should maintain exclusive
use of the word "windows".
In a Mar 15 order last year denying M$' request for a preliminary injunction against
Lindows, the court noted that, "In its defense of a copyright suit brought by Apple
Computer, M$ successfully argued that several companies had introduced user interfaces
featuring overlapping windows prior to Microsoft's announcement of its Windows
product."
"We're grateful for the additional time to examine the hundreds of thousands of pages
that Microsoft has previously refused to produce, but now is required to produce by
the Judge," said Michael Robertson, CEO. "We're hopeful the documents will add to the
mountain of evidence that demonstrates the term 'windows' is generic and not the
exclusive property of any one company."
The case began in Dec 2001 when M$ filed a trademark action against Lindows and asked
a court to block it from using its company name and its product name, LindowsOS. Two
successive rulings denied Microsoft's requests for an injunction and raised serious
questions about whether the term "windows" is a protectable trademark. A jury will
determine in Dec whether M$'s trademark is invalid due to the fact that "windows" is a
generic term that predates Microsoft's use in late 1983.
Editor's note: It's utterly ridiculous for Redmond to claim to owns the term
"windows." The term, I believe, as applied to computer operating system interfaces
dates back to the late 1960's. Clarification anyone?
=-=-=
Web links for articles available on Web site version. Please refer to Web site version
for all revisions, corrections and updates.
Post comments to this article and view reader comments at the Web site. Web site
version of this article can be viewed at:
http://www.insanely-great.com/news.php?id=1763
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Copyright (c) 2003 Insanely Great Mac. All rights reserved. This article
may not be republished in part or whole without explicit written
permission from Insanely Great Mac.
Brought to you by Insanely Great Mac <http://www.insanely-great.com/>
Please visit <http://www.insanely-great.com/macnews.php> to manage your
subscription (Subscribe, Digest Switch, Unsubscribe).
Subscription problems/questions please email [EMAIL PROTECTED]
