Seems like a valid complaint, and the if it's true, the brief should have been rejected before MS had to get involved.
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Microsoft's Latest Legal Tactic: Complaining About Apple's Font Size
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Apple is wrong
Fanboys - Apple has clearly violated court rules. It needs to refile its motion in compliance with the length and font size requirements. Apple can be wrong too.
Were it the other way around Apple would have done the same complain.
Fanboys - Apple has clearly violated court rules. It needs to refile its motion in compliance with the length and font size requirements. Apple can be wrong too.
Were it the other way around Apple would have done the same complain.
Everybody knows it isn't the size of the font that matters, rather how you...
Errrm, wrong thread.
Errrm, wrong thread.
Apple's lawyers could go to 11 pt and decrease the line spacing instead! That would really mess up their day!
But the real story here isn't about the font size or the length of the filing, it's all about Microsoft's proprietary attitude towards the entire tech industry as a whole. Owning as it does, the 'Windows' name, having first stolen the entire concept from Apple, they have the gall to try to copy Apple for the millionth time by demanding the right to also use the term: 'App Store'. This just smacks of a total lack of imagination, or any shame in demonstrating it.
The term: 'App Store' isn't proprietary. There were no app stores so named before Apple's App Store. But it's typical of MS to wake up so very late to the reason why they haven't got a stranglehold on our pockets anymore!
I say late, because if we can forgive Ballmer for making an idiot of himself yet again by laughing at the iPhone in 2007, and Gates for announcing the Tablet in 2001 without selling any, we surely can't forgive them for missing the direct selling opportunities Apple have forged with its High Street and online stores. iTunes Store opened on April 28, 2003. That's long enough ago for anyone to work out which way the wind is blowing.
But the real story here isn't about the font size or the length of the filing, it's all about Microsoft's proprietary attitude towards the entire tech industry as a whole. Owning as it does, the 'Windows' name, having first stolen the entire concept from Apple, they have the gall to try to copy Apple for the millionth time by demanding the right to also use the term: 'App Store'. This just smacks of a total lack of imagination, or any shame in demonstrating it.
The term: 'App Store' isn't proprietary. There were no app stores so named before Apple's App Store. But it's typical of MS to wake up so very late to the reason why they haven't got a stranglehold on our pockets anymore!
I say late, because if we can forgive Ballmer for making an idiot of himself yet again by laughing at the iPhone in 2007, and Gates for announcing the Tablet in 2001 without selling any, we surely can't forgive them for missing the direct selling opportunities Apple have forged with its High Street and online stores. iTunes Store opened on April 28, 2003. That's long enough ago for anyone to work out which way the wind is blowing.
Making jokes about a topic one clearly knows nothing about is a good way to get people to laugh at you, not with you.They're probably using iWork! Maybe size 11 is smaller than M$ office?
I wonder what the margin requirements are for these documents, as a fondly remember how Word defaulted to 1.25" left and right margins whereas other word processors used 1" (which is what you were required to submit papers with when I was in high school).
the funny thing to me is that so many people in this thread think it just have been a mistake....
Apple responded, got recorded file with court, that 35 page response. MS had to pay people to read it, review it, and file a complaint against it. The court will rule against the complaint, then Apple will have more time to refile it corrected. the net effect is that Apple has postponed the ruling, and felt out MS's game plan. MS is not concerned with delaying the ruling. Apple is obviously very happy with delaying the ruling. This was not unintentional.
Apple responded, got recorded file with court, that 35 page response. MS had to pay people to read it, review it, and file a complaint against it. The court will rule against the complaint, then Apple will have more time to refile it corrected. the net effect is that Apple has postponed the ruling, and felt out MS's game plan. MS is not concerned with delaying the ruling. Apple is obviously very happy with delaying the ruling. This was not unintentional.
37 CFR Sec. 2.127(a) - Neither the brief in support of a motion nor the brief in response to a motion shall exceed twenty five pages in length in its entirety, including table of contents, index of cases, description of the
record, statement of the issues, recitation of the facts, argument, and summary
No, it's a mistake. Looking like an amateur in front of the court is never a good thing. And I'm not sure how they could "feel out" MS's game plan by filing an oversized brief - unless they're trying to find out what MS would do if they filed an oversized brief, of course.
I wasn't aware we had so many patent lawyers on MR.
The Internets, where everyone is an expert.
You'll note very few of the posts are legal arguments, and much more along the lines of "this is making you look stupid".
Which as consumers, is a perfectly justified stance to take.
And Apple was already using windows in it's OSs (Lisa, etc...) before MS did "Windows"... And IIRC, there were other OSs that were using crude types of windows, too.
If PDA owners in 2000 had been asked what app store they used, they would have figured out what was meant. And if that question ("What app store are you using") had been used a lot, then the term "app store" would be generic and it couldn't be trademarked. But the word combination "app store" was not actually used. The article uses the word "apps" quite a lot, but where does it use the word "app store"?
A similar word combination would be "trouser store". Have you ever said "I am going to the trouser store to buy some new trousers"?
FWIW, the term "application shop" was used for Symbian's shop for quite a while before Apple appeared with its iPhone, "shop" being a simple translation of the US English "store". And "app" has been a generic abbreviation for "application" at least since the late '80s on Acorn's RISC OS, newsgroup comp.sys.acorn.apps being proposed in early 1995.
You can argue that translations are irrelevant but this is not always so across the world. Regardless, it is ethically questionable to suggest that a generic phrase should become a trademark just because a word has been translated to another dialect of English.
As any recent convert from Microsoft to Apple can attest, Apple do seem to like fonts that are too small.
We really do need a Large Fonts option in OSX.
Call them Progs. You know, like in 2000 AD. They could even do a marketing tie in with Judge Dredd.
The person who generated the headline for this "news" thread obviously has no clue about the subject. Unfortunately, font size and other formatting attributes are important in these matters. It's a shame that this site and many of those responding took the childish route of simple pointing fingers at Microsoft.
But the arguement Apple is using, is that the 'App' in 'App Store' stands for 'Apple'.
Sent from my iPad Safari Apple.
Then they should be trying to trademark "Apple Store"(for computing purposes) not "App Store".
App has never been an acronym for Apple and most likely never will be. The term is far too generic and doesn't belong to Apple to begin with.
Wait till Microsoft realizes that Apple had it 90% of double-spaced.
Anyone remember making their school reports 12.5 font size and 110% double-spaced to ensure things would be the right length?
Anyone remember making their school reports 12.5 font size and 110% double-spaced to ensure things would be the right length?
Maybe Apple should have used 12 pt. font and printed 25 double-sided pages. Still would have been 25 pages.
Yes. What I also remember is seeing some classmates make their font and spacing as small as possible and there wasn't a thing the teacher would do about it.