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- ***************************************************
- *** Pirate Magazine Issue III-3 / File 2 of 9 ***
- *** Who's the REAL Warez Threat? ***
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-
-
- Multiple choice quiz:
-
- Who's the biggest threat to the computer industry:
- a) Phreaks
- b) Hackers
- c) Pirates
- d) Ducks without condoms
- e) The software industry itself
-
- If you answered "e)", you passed. The tendancy of the mega-corps to try to
- eat each other, with lawyers as the only winners, costs more in dollars and
- feel" of an idea. The mega-corp czars keep saying that pirates and phreaks
- will put the "small programmer" out of business, but the following article
- suggests it's quite the opposite. What's the bottom line? The computer
- underground is resistance, and like the PIRATE crew says, we gotta "keep
- the dream alive."
- **<Chris Robin> and Pru Dohn**
- * * * *
-
- "Softare Industry Growing Jaded over Copyright Disputes"
- by Tom Schmitz
- (THE CHICAGO TRIBUNE, December 26, 1989-Sect. 3, p.3)
-
- SAN JOSE--When it comes to copyright lawsuits, the computer software
- industry is starting to sound a bit like victims of the recent earthquake.
- They've already been through the Big Shake. And they're getting a bit
- jaded about the aftershocks.
-
- "When the Apple-Microsoft suit hit, everybody got frightened," said Heidi
- Roizen, president of the Software Publishers Association. "A Month later,
- 99 percent of us were back to normal. I get the sense companies aren't
- going to do much this time."
-
- "This time" is the Xeroz-Apple lawsuit, in which Xerox Corp. is claiming
- Apple Computer Inc. infringed its copyright in designing the display and
- command system for its enormously popular Macintosh computer. Filed in San
- Francisco two weeks ago, the suit comes 21 months after Apple brought a
- similar case against Microsoft Corp. and Hewlett-Packard Co., saying they
- had infringed Apple's own copyright on the distinctive display software.
-
- The Macintosh's graphic display has such "user-friendly" features as
- pull-down menus; easy-to-identify symbols, or "icons"; and "windows" that
- allow users to display text, menus and illustrations simultaneously.
-
- By pressing its claim to the "look and feel" of Macintosh softare, Apple
- set off alarms at hundreds of smaller companies that were developing
- to forge ahead.
-
- So while the Xerox suit again raises the question of just who can use what
- software, those awaiting the battle's outcome say they see no reason to
- drop their wait-and-see attitude. They just have more to watch.
-
- "It throws a little scare in, but I'm not going to program any less," said
- Andy Hertzfeld, and independent programmer in Palo Alto, Calif., and one of
- the original designers of the Macintosh software. "If people want to sue
- me, they can."
-
- All agree the issue of who can rightfully use the display system is
- important and must be settled quickly. But more troubling, industry
- observers say, is increasing use of lawsuits to settle such disputes.
-
- "Basically the whole thing is anticustomer and prolawyer," Hertzfeld said.
- "All that money that Apple is paying their lawyers could be going into
- products." What's more, a litigious atmosphere can stifle innovation. "If
- every time I come up with an idea I have to hire a team of lawyers to find
- out if it's really mine, my product development will slow way down."
-
- Some hope the Xeroz-Apple suit will finally put an end to that process.
- Unlike the Apple-Microsoft ase, the suit does not involve a specific
- contract. That could allow the court to tackle the look-and-feel issue
- head-on without bogging down over technicalities. And both companies have
- war chests large enough to see the fight through.
-
- "I think Ethe suitL is good," said Dan Bricklin, president of Software
- Garden, Inc. in Cambridge, Mass., who wrote the first computer spreadsheet
- program. "We need the issue resolved by the courts, and we can't have
- people pulling out for lack of money."
-
- Yet even among those who say the industry needs a clear set of rules, there
- remains a certain nostalgia for the freewheeling days when software
- designers wrote what they wanted and settled their differences outside the
- courtroom.
-
- <-----<<END>>----->
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