Apple Files Copyright Suit Against HP and Microsoft

Apple Computer filed suit Thursday against Microsoft and Hewlett-Packard, contending that the two companies are illegally infringing on the copyrighted audio-visual display technology used on Apple’s popular Macintosh personal computer.

Filed in federal court in San Jose, the suit seeks to prevent the copying, selling or marketing of Microsoft’s Windows 2.03 and Hewlett-Packard’s NewWave software. Apple also is seeking unspecified damages.

The suit could have a major impact on the development of thousands of new software programs expected to be developed in the next several years to run under the new computer operating system OS/2 developed jointly by Microsoft and IBM. Versions of OS/2 slated for release next fall will incorporate Microsoft’s Windows.

Microsoft already has redesigned its Windows program for PCs to meet Apple’s objections that it too closely copied the Macintosh. The new lawsuit will further define how closely the Macintosh way of computing can be copied.

If Apple succeeds with the lawsuit, it could mean that the world of IBM and compatible computers--some 10 million machines strong--may not be able to reach the same level of ease of use that the Macintosh has attained.

At a minimum, Apple’s lawsuit is likely to add to the confusion and turmoil that already surrounds the transition from the familiar text-based MS-DOS operating system for IBM-style computers to the new graphical OS/2 operating system.

Apple’s suit contends that Windows 2.03 and NewWave illegally copy the audio visual display system under which Macintosh users manipulate a hand-held device called a mouse to communicate with the computer.

Microsoft’s Windows controls the way a computer screen looks. Other programs that run with it, such as NewWave, share that common look and method of operation, simplifying their use.

NewWave takes Windows a step closer to the Macintosh by making heavy use of graphics images called icons to represent programs and data files, which then can be manipulated easily by the mouse. Most other Windows programs limit themselves mostly to text commands. The Macintosh uses both kinds of commands.

Karen Gervais, a spokeswoman for Palo-Alto-based Hewlett-Packard, said late Thursday the firm had not seen the lawsuit but believes it “did not infringe on any copyrights.”

Microsoft officials could not be reached Thursday night after news of the lawsuit broke.