Linux software maker Lindows said Monday that an appeals court had turned away an appeal from Microsoft in the two companies' ongoing trademark spat, setting the stage for a trial later this year.
In the case, Microsoft is alleging that the company's Lindows operating system software infringes on Microsoft's Windows trademark, while Lindows claims that Windows is a generic computing term. Microsoft had appealed a February ruling in which a federal judge
ruled that the term is a generic one if it was generic in November 1985, when Microsoft introduced Windows 1.0. Last week, an appeals court declined to hear Microsoft's motion to appeal that ruling.
"We're looking forward to getting this trial back on the fast track and presenting our piles of evidence--videos, magazines, internal Microsoft documents--which clearly show the generic use of 'windows' before Microsoft commandeered the word," Lindows CEO Michael Robertson said in a statement. "This outright denial of Microsoft's appeal confirms that the trial will focus on how consumers and the software industry used the term 'windows' in the 1980s, before Microsoft dominated the landscape."
News source: C|Net News.com
In the case, Microsoft is alleging that the company's Lindows operating system software infringes on Microsoft's Windows trademark, while Lindows claims that Windows is a generic computing term. Microsoft had appealed a February ruling in which a federal judge
ruled that the term is a generic one if it was generic in November 1985, when Microsoft introduced Windows 1.0. Last week, an appeals court declined to hear Microsoft's motion to appeal that ruling.
"We're looking forward to getting this trial back on the fast track and presenting our piles of evidence--videos, magazines, internal Microsoft documents--which clearly show the generic use of 'windows' before Microsoft commandeered the word," Lindows CEO Michael Robertson said in a statement. "This outright denial of Microsoft's appeal confirms that the trial will focus on how consumers and the software industry used the term 'windows' in the 1980s, before Microsoft dominated the landscape."
News source: C|Net News.com
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I wonder I much of a better product Lindows would have if they instead invested the money from legal fees on programmers. It seems to me Roberston isn't accountable to anyone, doesn't worry about profits or the long term well being of the company. I have the impression the only reason the company was started in the first place was to fight MS in court.
Didn't 'windows' in the software-sense originated at Xerox. Didn't Mr. Microsoft visit Xerox then invent 'Windows.' Seems to me that Xerox should be involved..
Microsoft then stole the idea from Apple.
Jobs and company were NOT the first to market with a GUI, IBM takes that honor, with TopView. QuarterDeck was also in the fray with QuarterDesk at about the same time, as well as others to small to remember now. Primitive, even by 1990 standards (Windows 3.0), but good first efforts. Predates the Mac by 2 years, though not the Lisa - they were all in the same time frame, 1983 - 1985. And, this is important, they had all been to Xerox PARC, within months of each other.
Interesting side note: Excel was actually the first MS product to market with a GUI, not Word. They shipped a runtime with the product, causing a high "wow factor" on the street, and generating nothing but good advance publicity for when Windows finally hit town, in about 1985 (the pre-usable version, aka the first beta). GUI Word came to market over a year later, which proves that Simonyi had a large influence right from the get-go. Which of course was Chairman Bill's intent.
nic, I refer you to Georges Santayana's famous quote about not knowing one's history. The alleged theft to which you refer was nothing more than a tantrum on Steve's part, due to his myopic interpretations of an NDA. But cheer up, you're in good company - even Mr. Jobs doesn't like history when it refutes him wholeheartedly.
Da Judge
Last edited by 48166 on 25 May 2004 - 06:57
I forgot to read the rest of your single line comment, sorry.
Xerox did try to intervene in the Apple vs. Microsoft lawsuit in 1985. Unfortunately, they didn't have any ducks at all, let alone having them lined up in a neat row. They shot themselves in the foot so thoroughly that they are forever barred from trying to intervene in any case such as the one under discussion.
Sad for them, but hindsight is a wonderful teacher, right?
Da Judge
Chill out, be Groovy,
--GotoLamia--
"i have seen people who though Lindows was in fact a verstion of windows"
then i feel sorry for you
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