At hu, 13 Jun 1996 18:14:48 GMT the Greenberg family
<[log in to unmask]> wrote:
>(3) Microsoft and HP won the lawsuit - personally I don't think New
>Wave resembled Xerox at all (unless you want the entire concept of a
>GUI to be protected - then who gets sued for copying the fact that
>pressing the keys on a non-GUI system has characters show up on the
>screen?) :)
 
While we're on the copyright & legals, it is interesting to see a decision
made here recently by the Australian Federal Court in a case of Data Access
Corp (US) vs PowerFlex Coproration.  The judge, Justice Jenkinson was
required to rule on a case whereby Data Access alleged their copyright on
the product DataFlex was violated by the developer of work-alike, PFXplus.
Sort of the "Look and Feel" issue revisited.  The facts that DataFlex is not
Windows compatible (whereas PFXplus is) and that the latest release of
DataFlex was so significantly different (object oriented) to force
continuing users to learn what was essentially a *new* language (whereas
PFXplus is based on an earlier syntax) would suggest to many there was no
violation.
 
The judge however ruled that certain words selected by DataFlex as reserved
words were not limited.  Thus Data Access Corp was held to have copyright
over the words PRINT, DISPLAY and others!!
 
Now I guess it would be easy to say that the legal system is a crock, having
no sense of reality.  Easy to say, I suppose, because we don't understand it
(well most of us, I'm sure).  But on closer reading of the judgement it is
more complex.  I expect it would be the same as a lawyer going off at me
because the HP3000 can't run Windows.  One needs the understanding of
precedants, jurisdictions and context to full appreciate their meanings and
limitations.  Horses for courses...!
 
Still its a bit of a hoot -- I would eagerly await the clash of Microsoft vs
PowerFlex Corp if it could be played out in Australia (or Borland/dBase vs
Microsoft/FoxPro if that could be restarted).  BTW, as you may expect -- the
decision is being appealed!! :)
----
Jim "seMPEr" Wowchuk
Vanguard Computer Services     Internet:    [log in to unmask]
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