Apple Inc has been awarded a preliminary injunction against a Las Angeles distributor of one of the copies of the Apple II computer being sold in the US. A judge of the US District Court in California enjoined Formula International, distributor of the “Pineapple” computer, from copying or selling any of Apple’s copyrighted software in the computer’s memory or on disk, specifically the Autostart ROM, Applesoft, DOS 3.3 and Integer BASIC.
The judge concluded that US copyright statutes cover programs stored in ROM, and said that Congress intended to include Operating Systems such as DOS under the protection granted by the copyright laws.
In a similar case between Apple and the Franklin Computer Corporation now pending in Philadelphia, a District Court judge found that ‘the intent of Congress is unclear on the computer software protection granted by US copyright laws.
Meanwhile Apple Australia have been granted a court order prohibiting Newcastle microcomputer dealer Microeductional from selling the “Golden II” and “Wombat” computers, which contain substantial amounts of Apple software in their ROMs. Commenting on the order, David Strong of Apple Australia said “We will continue our efforts to prevent the public being misled by Apple ‘look-a-likes’ which often do not have the same warranty protection as the genuine article. While we support suppliers of Apple-compatible products, we will continue to take whatever steps are necessary against products which infringe our copyright.”
(See ” Fake Apples” in this issue)