Graphical User Interface also referred to as GUI is a system or technology which connects the human being to the technological aspects of the virtual networking which includes graphical elements such as windows, icons, and buttons. In 1970GUI was established to bifurcate it from a text based interface. It allows individuals to connect to electronic devices using graphical icons and visual indicators The GUI has developed eventually through the years with vast expeditions in technology. Earlier, during the 1960 the computers were of huge size. In 1960 the IBM Saga computers were used which were inputs were operated through punch cards and special light guns were used to interact with the screen. Further in 1962 at MIT the first computer game was program at the PDP 1, custom input switches were hatched together for the first game control input device. The first ever digital programmable computer was launched in 1965 which seemed more or less like a calculator and up till now there was no such graphical user interface. Subsequently in 1973 the first operational” alto” computer was built which pictured a three button mouse, user of graphical window, internet and altogether was the first system to put together all elements of modern graphical user interface. In 1984 Apple Macintosh developed a system with a recognizable monitor computer unit with interface features, desktop icon, multiple windows and trash icon for deleting files. In 1985 Microsoft released a first edition of windows with color in a manner that maximum number of colors could be displayed at a time and with time windows 95 came on with task bar, multiple icons and other developed features which was then overlapped by windows 98 with more developed features, whilst at the same time apple had also launched its system with different features.
However for several decades, GUIs were controlled exclusively by a mouse and a keyboard. While these forms of input devices are sufficient for desktops and computers, but these do not work further for mobile devices, such as smartphones and tablets. Therefore, mobile operating systems are designed to use a touch screen interface and in the present era many mobile devices can now be controlled by spoken commands because now there are many kinds of digital devices available, GUIs shall be designed for the acceptable style of input. For instance, a desktop OS, like OS X, includes a menu bar and windows with small icons that may be easily navigated by employing a mouse. A mobile OS, like iOS, includes larger icons and supports touch commands like swiping and pinching to center or zoom out. Automotive interfaces are often designed to be controlled with knobs and buttons, and television interfaces are built to operate with remote control, regardless of the type of input ; each of these interfaces are considered GUIs as they include graphical elements.
The GUI which is a graphical user interface remains an untouched or grey area in India. The registrations followed by the Indian Design office is somewhat which has class 14-04 for screen displays or icons, the office has issued most registrations to icons in class 14-99. In 2006 Microsoft applications were filed but with old registrations because no subsequent new changes have been acknowledged, further in 2014 the office rejected Amazons GUI application and subsequently all applications were rejected. In the light of the decision passed in the matter of Amazon, it seems obvious that the fate of applications related to registration of GUIs as industrial design in India is uncertain until there’s more clarity on the two vital terms – article and design.
Besides, according to Section 2(d), a design would be considered register able if it satisfies the following conditions:
- Design means only the features of shape, pattern, configuration, ornament, or composition of lines or colors.
- The design needs to be applied to an article.
Yet, some GUI’s have been protected in India for which it must fulfill A GUI may qualify as an “artistic work” under the provisions of the Copyright Act, 1957, and may simultaneously be protected and registered under the Designs Act. However, if a GUI is registered as a design, protection would be limited to use of the design on a particular article and would not extend to reproduction of the design on any other articles. As a consequence, GUIs have become valuable Intellectual Property (IP) assets, often representing a company’s goodwill and brand identity. GUI cannot be regarded as an article of manufacture, and thus, is disqualified as a design under Act 2002. Nonetheless, it can be argued that the Design Rules, 2001 under its Third Schedule provided for the classification of designs and articles, allows Industrial Design Registration for GUIs. This Third Schedule was then amended in 2008 to comply with the Locarno Classification, and according to the new classification of goods, class 14-04 was dedicated to things belonging to “Screen Displays and Icons.”
According to the Ministry of Electronics and Information Technology, GUIs can be secured by obtaining Copyright Protection as an alternative. But the enforceability and extent of copyright protection are yet ambiguous.
Graphical User Interface with an understanding in the conflict between Jio-meet and Zoom app
The chief controversy which had arisen between Jio Meet and Zoom application were their resemblance. As soon as the Zoom application was alleged to be insecure due to some security issues, immediately after that the Jio-Meet application was launched with quite similar functions. Also controversy arose when the video calling application tried to expunge the misinformation that it is a Chinese make and has been in touch with the government over the last three months on how it runs its platform and does not store data outside the country. Zoom became one of the top downloaded apps during the lockdown as India Inc started to work from home and even educational institutes logged in online. However, in April, the Ministry of Home Affairs had red flagged concerns over data safety and security around Zoom.. Hence the zoom application was targeted for being a Chinese application and the Indian government had banned 59 Chinese applications up till then to which the Zoom spokes person communicated. “We do recognize that as we continue to introduce ourselves to the Indian market, there has been some confusion about the facts as it relates to zoom. Zoom is a U.S. company, publicly traded on the NASDAQ, founded and headquartered in San Jose, California”
Copyright Protection for Graphical User Interface and Menu Command Hierarchy:
Copyright Protection for Graphical interface and Menu Command Hierarchy has one among the central problems within the discourse on copyright protection for package programs. Since the time, package programs are brought at intervals the orbit of copyright protection; literal infringement of proprietary programs has been a comparatively easy issue that has been simple to alter. However, protection of ‘non-literal elements’ of a program like user interfaces has been rather more difficult and disputed. Courts have command that the literal components of a trojan horse is also proprietary, as will the no literal components, however that a copyright within the no literal components might solely be obtained if they contain original expression. The application of ‘non-literal' copyright protection has been the main target of a heated discussion at intervals the package trade and also the academe. Many commentators have argued that reluctance by courts to grant any quite property protection for graphical user interfaces has been harmful to shoppers and to the package trade. Consequently, there are no real developments since 1984, once the primary graphical package program was introduced and till an even and reliable technique of protective graphical user interfaces is applied by courts (to spark competition and successively, to push technological progress,) laptop users, for the foremost half, would relegated to the uniformity of GUI styles while not major innovations. prof Arthur R. Miller World Health Organization supports protection for the user has argued that "a laptop program's interface style is extraordinarily resource-intensive, and a well-composed interface is often the precise feature that renders a trojan horse sure-fire... Promoting the unauthorized repeating of interfaces penalizes the artistic effort of the first designer, one thing that runs directly counter to the core functions of copyright law as a result of it should freeze or considerably impede human innovation and technological growth". Further, from a legal perspective, a interface is associate degree is associate degree audiovisual work that will contain a screen show which regularly contains adequate expression in its choice and arrangement, furthermore as within the individual components, to warrant copyright protection. Also, associate degree audiovisual work is also protected as a compilation if there's a adequate quantity of originality within the choice and arrangement of the individual components contained within the work.
In Computer Associates International, Inc. v. Altai , Inc, the court developed the take a look at for infringement of non-literal parts of a program by another noted abstraction-filtration-comparison take a look at. during this take a look at. 2 programs area unit separated by their levels of abstraction, any expression that wasn't protectable by copyright is filtered or excluded then the similarities within the remaining parts of the 2 programs area unit compared for copyright infringement. The courts have applied the abstraction-filtration-comparison to take a look at in many leading cases like Engineering Dynamics v. Structural package to work out the infringement of user interfaces. but in Lotus v. Borland International, whereas electing the question of infringement of copyright of Menu Command hierarchy, the court refused to use the abstraction-filtration-comparison take a look at on the grounds that the question before the court was whether or not the Menu Command hierarchy as whole was copyrightable or not (and not handling specific elements). The court rejected the standardization arguments in Lotus Development corporation. v. Paperback package International whereas granting copyright protection to the litigant. but considering the importance of standardization in an exceedingly trade particularly in a technologically connected, the court rejection of standardization norms looks imperfect. so it's submitted that the court in Lotus Development corporation. v. Borland International was correct in recognizing the importance of interoperability and standardization whereas denying the litigant copyright protection. Further, the court's reasoning that menu command hierarchy as 'method of operation' and so not eligible for copyright protection is corroborated by trade observers. To conclude, we are able to state that whereas user interfaces do merit individual parts copyright protection once there's spare originality, the protection mustn't be extended to cases wherever it hinders standardization and interoperability.
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March 18, 2021 at 09:10PM
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Graphical User Interface - Lexology
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