Apple Threatens Skinz.Org, Stardock Systems

By Nate Mook and Craig Newell | Published January 17, 2000, 4:29 AM

Apple Computer, Inc. has threatened legal action against Stardock Systems, maker of the popular Windows customization program WindowBlinds, and Skinz.Org, a catalog of downloadable skins, if they do not remove a skin that allows Windows users to have the new 'Aqua' interface found in Apple's upcoming MacOS X.

Apple fired off a cease and desist notice last Tuesday to the webmasters of Skinz.Org, a Web site owned by Netwhirl Communications. In the notice, Apple states, "It has been brought to our attention that Apple Computer, Inc. ("Apple") copyrighted material is available for download from the above web sites. Specifically, the infringement involves the copying of Apple's Mac OS X user interface by creation of an Aqua appearance "skin" called "Mac Aqua" and "Win Aqua" (hereafter referred to as "the Material")."

Skins have become extremely popular as of late, because they allow users to customize normally boring aspects of their desktop. WindowBlinds allows users to apply a skin to Windows itself, customizng the Start menu, taskbar, scrollbars, and more. Soon, skins will even be found in Netscape, as it has announced that users will be able to apply skins to the next release of its browser, Communicator 5.0.

After receiving the notice, Skinz.Org webmasters removed the WinAqua skin from the site on the advice of Netwhirl's legal team. Shortly thereafter, the author of WinAqua retooled the skin to remove all Apple trademarks or logos from the images. The new version was placed back onto the site immediately and is still available for download.

Most recently, the operators of Skinz.Org received a second notice demanding the removal of the new WinAqua skin or face legal action. However, because it no longer contains any screen captured elements from Apple's OS, Netwhirl CEO Sam Jain told eFront they will defend the skinning community and leave the skin up until the issue is resolved. Netwhirl issued the following press statement regarding WinAqua:

    "We understand that there has been an issue between Apple and a community member on skinz.org, a NetWhirl Communications-owned Website. The issue regards the online availability of a skin titled WinAqua that is alleged to contain elements of Apple's trademarked Macintosh X Operating System. WinAqua was posted to skinz.org by one of its community members. As the owner of the Website, NetWhirl has received a cease and desist order requesting removal of the WinAqua download from skinz.org along with any links to other sites that also may contain this download. Since the cornerstone of NetWhirl is to preserve the positive essence of interactive communities, we hope this issue can be resolved."
Because the new version of the skin does not contain any Apple trademarks, Apple will be forced to use the "look and feel" argument if it chooses to pursue the matter in court. This past summer, Apple argued that PC maker eMachines violated the look and feel of Apple's iMac with the eOne. Long before that, Apple sued Microsoft over the look and feel of Windows, and lost.

Steve Jobs announced MacOS X last week, touting the new Aqua interface as being far superior to Microsoft's Windows. As a complete smack in the face to Apple, the WinAqua skin appeared mere days later, not only giving Windows users the Aqua look, but weeks before MacOS X will even hit store shelves.

Comments

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I think you should get a life. The TCO as you say, on a MAC is ONLY lower because there aint s*** you can buy... software and hardware wise... i mean hell if I could only upgrade my Video Card once every three years and buy a game once a year, i can see how i might save money.

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That's quite a conspiracy theory.

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That's hard to say. In the past Look and Feel suits have been based on flimsily ground at best. The original L&F suit against Microsoft was about, what comes to, the essential parts of a GUI. Windows, Overlapping windows, Menus, the sort.

Other L&F cases have been based on one application being able to act like another. Even to the point of someone being sued because there system could be customized to use the same set of hot keys.

That is squabbling, and generally being a bad player about other people with the same ideas.

Those are bad.

This one is good.

Let's put it this way. Apple isn't talking about the L&F in the way of abilities of the system. There talking about the look itself, the shape, the style. This is a tangible thing, and heavy on the intellectual property.

This is the look and feel of MacOsX, this makes it distinct, they want it to remain that way, and in this fashion is a noble goal for now. The ideas and styles can be used (and I suspect will be), but the actual look of Aqua, that is for Apple alone.

Jobs did a good job, he created something everyone wanted to copy instantly.

The Mac, once again, is Insanely Great. :)

--Fox Cutter
(who is a PC user. :)

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My only complaint with the look and feel issue is it does look something like the Mac OS X but it does not even come close to the feel of it. I've seen a lot of video clips of the OS and it is really good. But by putting a Aqua skin on Windows only makes it sort of look like the real thing, but it is still Windows. So it's almost a look and not even remotely the feel.

I have worked on a mac before and I find it very difficult to get any real work done. The interface is very clumsy but the new OS X has real possibilities. From what I have read about it, it is based on BSD and UNIX so there is really nothing new there. The way the interface works is what makes it so unique. Putting a skin on Windows is not going to make Windows work like the OS X.

Apple should grow up and learn to play well with others. These skins could really help promote Apple (and probably there best OS yet) but instead Apple wants to turn this free publicity against them selves.

How many times can some one shoot them selves in the foot before they can’t stand up anymore?

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To those who so quickly attack the Mac OS and the Apple platform do nothing more than make themselves look like fools. It's obvious you have no idea what it is you are speaking so strongly about. And in such a case, common sense would tell you to keep you mouth shut. But, then again when you lack that...

ElginCon

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For any of you who don't know, skinning isn't anything new, especially on Macs. For years and years Kaleidoscope, a Mac product, as been available which allowed for skinning of Macs. This product is similar to the fine product WindowBlinds by that its purpose is to make your computer look and feel however you want. Now, if you check out the program's website you'll see skins are available to make your Mac look like just about every OS ever created, including Win98's gradient look.
So, if it's all ok for Macs to have the exact look of Windows, what's so special about Apple that it's not right to let Windows users get the look and feel of MacOS?

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And I guess I will be sueing Apple because blue is my favorite color.
Give it up APPLE! Put more effort into making a better system.
Especially if you wish to stay in business.
You have had a crappy OS for many years. Just too bad you are too far behind in the market of consumer PC's.
May Intel and AMD 0wn j00. Bill Gate's 0wnZ j00.

:) have a nice day

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Why doesn't aPPLE take their tonka-toy and take-a-hike?!?!?!?
They have always been loosers (just like their users), and will
always be loosers. Get with it Lemon II, join the rest of us
"REAL" users...
hohohohohohehehehehahahahahah

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Yo, I think that you never worked with a Mac. Also if you want to know more about who introduced first GUI please visit: http://hometown.aol.com/p0wermac. Also could you tell me one computer company that cannot export it's computers to another countries due to their performances, except Apple? Why many advertising companies, and many others, use Apple computers to do their jobs? They are loosers too? Why you are so angry? It is because you, probably, do not have a Mac? Or what?
You will never hear a Mac user telling to a PC user what you said about Mac to a PC user. You should have some respect for other users even they use a Mac or a PC.

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Like I'd believe anything residing on an AOL web site... As for the Aqua hing being new and creative, I was playing around on my PC last night creating some backgroudn textures in Bryce for an After Effects composition when I noticed an odd thing. The new MacOS X interface bears a striking resemblence to Bryce in a great many ways. The scrollbars in Aqua are a diretc knock-off while the rounded open/close buttons are similar. The flat window interface is somewhat reminiscent of Bryce but Bryce doesn't have drop shadows behind theirs. The only major difference is Bryce doesn't come in candy flavors.

While I am for the protection of copyrighted material and feel those who created the work are due compensation if used by others, Apple and Apple users need to wake up from their little dreamworld and realize that they are not innovative. They stole the GUI from Xerox and now they copied their interface from MetaCreations. If Anyone has a lawsuit here it's Metacreations.

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Also could you tell me one computer company that cannot export it's computers to another countries due to their performances, except Apple?

Sure, Dell, Compaq and Gateway have all been regularly informed of what systems they have designed are considered munitions, and are not allowed to be sold to certain countries. I work for Dell, and I get an email every other month about the status of certain systems, and the countries they are not allowed to be sold in.

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I used a MAC for 13 years. Biggest waste of my time AND money I have yet seen. Mac users all have the same defense, and that is because that is all you can say about something that flat out sux. If you think a MAC is great you have NO CLUE as to what you are missing if you had a real computer, ie, PC Compatable, or an SGI Workstation. Apple is trying everything they can to catch interest again, and this is another example of how they failed. They had a good idea, looked nice, but thanks to the versatility of the PC world, we can do and look HOWEVER & WHATEVER we want.

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It's so funny to watch a competing (can we even say that??) company keep making such fools of themselves.

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So when is someone in the Unix/Linux community going issue "cease and desist" order for Apple pinching the "X" from "XServer" !!!

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The X is just a variable that many people use in there software/hardware when they don't have a name for it.
It will probably end up being 10

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But I think this time X means 10 like roman numeral 10 not a variable.

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ahh, instead of flaunting the skin to their advantage, lets get together with some slime and lawyers and help to ruin the country with yet another lawsuite

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Have any of you seen the skins in question?
Some dont look anything like it (except for win aqua)
And who would want there system to look that, g** d*** ugly?

maby a mac user with a pc, oh the horror I cannot begin to Imagin (I feel sorry for that users PC)

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