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Patents Media Music

Creative To Defend Interface Patent Rights 244

wild_berry writes "At the London Lauch of their new 'Zen Vision: M' portable media player, Creative Labs boss Sim Wong Hoo told the BBC that he plans to defend their August 2005 patent for interfaces in portable music devices." From the article: "Creative chairman Sim Wong Hoo told the BBC News website that the company was already talking to various parties about the patent but refused to be drawn on specifics. 'We will pursue all manufacturers that use the same navigation system,' said Mr Sim. 'This is something we will pursue aggressively. Hopefully this will be friendly, but people have to respect intellectual property.'"
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Creative To Defend Interface Patent Rights

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  • by Dark Paladin ( 116525 ) * <jhummel.johnhummel@net> on Thursday December 08, 2005 @01:28PM (#14211655) Homepage
    It's OK to copy the iPod design down to the "metal back/plastic colored front", but heaven forbid that someone should get to use their human interface (which, from what I've seen, it basically "folders that hold music instead of files".

    Ah - ok. Sure.
  • by Twanfox ( 185252 ) on Thursday December 08, 2005 @01:31PM (#14211676)
    I had a sudden thought when reading over this summary. Companies say that they are only patenting software/interfaces/whatever as a defensive strategy. Knowing how some justifications work ("I was only following orders." and such), I wonder how long it is before statements such as "We were defending our right to profit from our patents" become commonplace. I mean, after all, if you have something like a patent, just about everything you do in terms of litigation is 'defense' of that patent, whether you sue them or they sue you.
  • by linuxguy ( 98493 ) on Thursday December 08, 2005 @01:31PM (#14211679) Homepage

    I have bought their mp3 player, speakers, webcams and a few other items. It is clear to
    me that they really make very bad products. I have already settled on never buying
    another Creative product.

    This latest patent scam merely affirms my beliefs.
  • by PhrostyMcByte ( 589271 ) <phrosty@gmail.com> on Thursday December 08, 2005 @01:33PM (#14211698) Homepage
    Hopefully this will be friendly, but people have to respect intellectual property
    Market speak for "Hopefully people will bend over and accept our abuse of an overly generalized patent"?
  • Quick question... (Score:5, Insightful)

    by Havenwar ( 867124 ) on Thursday December 08, 2005 @01:41PM (#14211764)
    Hopefully this will be friendly, but people have to respect intellectual property.

    Ah yes, but do we have to respect intellectual bullshit? To allow someone to patent "the way files are organised and navigated on a player using a using a hierarchy of menus" is about as logical as allowing someone to patent the way of transportation that involves putting the rearward foot infront of the front foot and then repeating.

    Come on, for as long as there has been more than one menu on ANY electronic device they have had the need to put them into a hierarchy, right? Oh, I know, let's patent the use of language on a display! No, there is no prior art, because my patent is only related to this new kind of display... I think it's called LCD.
  • by Anonymous Coward on Thursday December 08, 2005 @01:42PM (#14211770)
    Putting a hardware product to market (the reception to Creative's much earlier sound players was lukewarm compared to the takeoff of the iPod), sue the ones that do succeed in that market.

    Is there truly anything innovative about using hierarchical menus to act as an interface to a music collection? They are files. Files in a hierarchical system. Files in a hierarchical system that also happen to encode music. There is nothing original here. If they want to patent the hardware, fine, but the interface is obvious to people "skilled in the art", especially as soon as people put more than, oh, 6 songs on their player and they run out of screen space.

    Full points for getting there first as a mass-produced product of this particular type, but this Creative patent makes as much sense as Ford trying to patent the wheel.
  • by argoff ( 142580 ) on Thursday December 08, 2005 @01:48PM (#14211817)

    Most companies get defensive patents not to " defending our right to profit from our patents", but to have something to countersue with if they get sued, or to have something to get into cross-licensing agreements to avoid even more lawsuits. Truth is, patents are a real pain - and if it wasn't for defensive purposes, most companies wouldn't bother.

    So in truth, people are forced into the system even if they think patnets are evil. (Which I do)

    essay: A Violent Protest Against Patents [slashdot.org]

  • Re:iPod prior art? (Score:5, Insightful)

    by mreed911 ( 794582 ) on Thursday December 08, 2005 @01:49PM (#14211823)
    why is creative bothering, other than to abuse the legal system in an attempt to get an injunction against iPod sales during a crucial retail season...

    Two reasons:

    1) Press. Apple still dominates the press, and Creative has no ads on TV that I've seen anywhere, while even my daughter, who hates Eminem, catches herself singing along with the iPod commercials. Apple also has bands ready, willing and able to release songs for their commercials - and those songs become hits. Apple his mindshare, and Creative doesn't. This lawsuit gets Creative some press, press that they're not paying for with marketing dollars, although it wouldn't be hard to qualify this entire lawsuit as marketing expense.

    2) The off-chance that it might work. I think Creative fails to recognize, though, that their shareholders are likely to be less than impressed if Creative's main source of income in the DAP market is from iPod royalties on an interface patent. If you were a Creative stockholder, would you want to invest in a company that gets a very, very small percentage of profits from a competitor's product sale through an interface patent royalty; or would you rather invest in the competitor making the better product as a whole, and the larger overall profit from it? Oh, yeah, and are you willing to risk the time, expense and uncertainty of a legal battle?

    It's sad, really. Creative makes some fantastic audio products, but they're primarily oriented around input/output for PC's. I can understand why they entered the DAP market, I really can, but to compete on patent assertions instead of product niche? Disappointing.

  • Re:iPod prior art? (Score:3, Insightful)

    by Gogo Dodo ( 129808 ) on Thursday December 08, 2005 @01:49PM (#14211825)
    Because they're getting their butts handed to them in the market. So in desperation, they have turned to the legal system. Sound familiar?
  • by mypalmike ( 454265 ) on Thursday December 08, 2005 @01:49PM (#14211827) Homepage
    ""We are focused on the technology... This is still a technology marketplace... This is the key difference between a technology company and a branding company," he [Creative chairman Sim Wong Hoo] said, taking a side-swipe at Apple's successful marketing campaign for its iPod.

    There was a message in your cluemail: The digital player market is no longer a "technology marketplace". You really look like an idiot when you make statements like this after losing to iPod, a battle that nobody even noticed you were fighting. Apple had the tech, the marketing strategy, the partnerships. You can't win with just technology in competitive markets.
  • by Dick_Stallmanat0r ( 937057 ) on Thursday December 08, 2005 @01:52PM (#14211847) Homepage
    Most people that support patent laws argue that they are necessary to promote innovation. Without patents, people would have no incentive to innovate, since their ideas would just get ripped off immediately. While at first this may seem like a valid argument, it is in fact far from that.

    First of all, laws are created to serve society. In theory, society's rights supercede those of patent/copyright holders. Patents and copyrights only exist (in theory and law, if not in practice) because (and to the extent that) they benefit society. They are NOT an inherent right.

    The argument then is that patents benefit society by encouraging innovation. If, as I believe is true in this case, patents are LIMITING innovation by requring every inventor to reinvent the wheel. Clearly they are not serving their purpose, and should be abolished.

  • by Bob9113 ( 14996 ) on Thursday December 08, 2005 @02:00PM (#14211919) Homepage
    Lots of comments about, "iPod did it first." Umm, forget about the trees for a second folks. Look at the forest. Creative labs got a patent for hierarchical traversal of a structured content repository. Have any of you used a file browser? iPod didn't do it first and this isn't about iPod versus Creative. This is about the USPTO granting fiat monopolies (patents) to anybody who adds a new word to existing public domain technical innovation; in this case "directory browser + MP3 player". The problem isn't who should have rights to the idea, but that the idea should not have been patentable.
  • by daranz ( 914716 ) on Thursday December 08, 2005 @02:02PM (#14211933)
    I find it strange that iPod would manage to hold the 90% of the marketshare with its features alone, at this point. There's other DAPs out there, that offer similar or sometimes even better features, and yet, if you asked your average Joe what alternatives to iPod he knows, he'd look at you funny and say "iPod nano?"

    IPod not only managed to deliver a better product, they also managed to popularize it... Before iPods became popular, no mp3 players were popular - no flash player reached the level of popularity of ipods. IPods became "hip" and "cool" and that's part of their success. And that's also why Creative doesn't like Apple.
  • by alexhs ( 877055 ) on Thursday December 08, 2005 @02:04PM (#14211953) Homepage Journal
    Didn't you get it ?

    "technology company" is now a synonym of "patenting/suing company" ;)
  • Re:iPod prior art? (Score:2, Insightful)

    by Anonymous Coward on Thursday December 08, 2005 @02:05PM (#14211963)
    Of course, it's America; If you can't get ahead through innovation and hardwork, then litigate!!

    Netscape comes to mind: Browsers are free, then Netscape decides to charge for browsers. Microsoft releases free browser, Netscape gets mad and sues!

    SCO is another great example.

    Then we can look at all of the insanely stupid lawsuits such as suing McDonald's for making you a fat fuck.
  • by Surt ( 22457 ) on Thursday December 08, 2005 @02:06PM (#14211975) Homepage Journal
    Mod the parent up. The grandparent is way off (and +5 moderation for bad information to boot!). It is far more realistic to say that ipod ripped off nomad, since nomad was released first.
  • Subject Goes Here (Score:3, Insightful)

    by viewtouch ( 1479 ) on Thursday December 08, 2005 @02:10PM (#14212025) Homepage Journal
    Hopefully this will be friendly, but people have to respect intellectual property.

    To that I say, Hopefully, this will be friendly, but Creative has to respect the idea that a patent based on the idea of pushing a button to navigate a hierarchy on a display and the idea that this can be considered to be anybody's property, intellectual or otherwise, is total bullshit.
  • by symbolic ( 11752 ) on Thursday December 08, 2005 @02:11PM (#14212030)
    Your post is testament to the fact that these kinds of patents are nasty, and can only create a huge drain on resources that would otherwise be spent on trying out new ideas. Creative tries something, their implementation sucks, and consumers don't go for it. Apple tries something similar, but gets it "right" - according to the sales numbers at least - and Creative gets all bent because Apple used "their IP".

    This is exactly why patents will kill innovation. Consumers will either be tied to an IP "owner", who could easily be producing an inferior product, or pay a premium to a competitor who uses the idea (licensing it from the "owner"), but makes a far better product. In this scenario, both producers and consumers are penalized for making and buying superior products, and companies that can't quite pull it off, are rewarded. This has "half-assed backward" written all over it.
  • by 16K Ram Pack ( 690082 ) <tim DOT almond AT gmail DOT com> on Thursday December 08, 2005 @02:20PM (#14212133) Homepage
    Sometimes, patents are truly a great invention, and deserve protection.

    A patent should be non-obvious, something like the Dyson cyclone cleaner or the way that John Harrison worked out for measuring longtitude. Typically where someone applies some lateral thinking to the problem in a way that other skilled people in the same field would miss.

    Unlike many other inventions, software ones are either functionally possible, or not. It is simply a matter of functional decomposition. The constraints are known. When an inventor builds a new type of machine, they do not, and there are many attempts at inventions that simply fail. Likewise, for drug companies. They may pursue an idea and go down many blind alleys before succeeding. Then, there are the costs of drug testing. For these, I think that patents have a place. If you didn't have patents, you'd have to rely on charities or government to create new drugs.

    Consumer devices like this may have R&D costs, but it's also about being first to market, getting a lead on other companies to have to write software to do something similar. This is not the same as copying a drug, where formulations have to be public, and therefore, get no market lead. That's the equivalent of saying "no copyright on software" - people would not produce commercial software.

  • by Miraba ( 846588 ) on Thursday December 08, 2005 @02:29PM (#14212225) Journal

    Anecdotes are not statically valid. I own their Micro and am perfectly happy with it (even after having dropped it multiple times). Your data could be valuable, as you've bought multiple products from them, but without giving information on what they specifically are (and how you might have abused them), your data isn't usuable.

    Now, if you were to find some data on the % of units that have experienced problems (other brands too), that would be a different story. Consumer Reports does that for appliances as well as computers, so I wouldn't be surprised to see some real data come out in a few years.

  • by DorkusMasterus ( 931246 ) <dorkmaster1NO@SPAMgmail.com> on Thursday December 08, 2005 @02:33PM (#14212258) Homepage
    I personally have no opinion on Creative's product line, as I typically have no brand loyalty whatsoever... but, I don't understand how you can think they suck, yet you've bought all these things from them? That's like me saying "Well, after buying everything Sears sells, I won't buy anything else from them." I mean, I'm really honestly not trying to be flamebait here, but it does kind of seem kind of an odd statement to make, without qualification. Was Creative originally a good company, and now turned crappy, or have they always been crappy, and you've just kept on buying? ;)
  • IDIOTS! (Score:1, Insightful)

    by Anonymous Coward on Thursday December 08, 2005 @02:40PM (#14212333)
    Why do all of you assume that they are stealing it from Apple. They had it before Apple.

    Just because you identify that navigation with Apple... doesn't make it Apples!

    If Creative patented it... then they should do everything within legal patent law to get whatever amound of money they can out of Apple and theres no reason why they shouldn't.
  • by cheesedog ( 603990 ) on Thursday December 08, 2005 @02:46PM (#14212374)
    Societies don't have rights. Individuals have rights.
    You are absolutely correct about human rights, but wrong about patents. Patents are not a right, but rather a restriction on the rights of others. A patent is a government enforced monopoly over the implementation of an idea (and sometimes, unfortunately, over the idea itself). And forced monopolies are not rights, but rather the taking away of rights of others.

    What you do have, as a natural right, is the right to create [blogspot.com]. That right is pre-society, pre-government, pre-law. It is only when government comes into play that patents can exist, otherwise who will prevent all but the patent holder from excercising their right to create?

    Some of the first "patents were granted on manufacturing salt, soap, glass, knives, sailcloth -- things that people had first created many centuries (or even millenia) before, and that until the time of grant, could be made by anyone with the resources and knowledge to make them" (from this post [blogspot.com]).

  • by utexaspunk ( 527541 ) on Thursday December 08, 2005 @02:46PM (#14212378)
    103 of the Patent Act of 1952 [cornell.edu] says that an invention may not be patented if
    the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
    Who, among designers, engineers, and inventors with the skill to design an MP3 player, wouldn't think of using a heirarchical menu system?
  • Re:IDIOTS! (Score:3, Insightful)

    by 2nd Post! ( 213333 ) <gundbear.pacbell@net> on Thursday December 08, 2005 @02:59PM (#14212521) Homepage
    Apple had implemented their 'column view' interface as far back as 1986 in NeXTStep. Did you forget that Apple IS NeXTStep now?

    Creative did not have anything implemented even close in 1986.
  • by aychamo ( 932587 ) on Thursday December 08, 2005 @03:12PM (#14212652) Homepage
    I would love to see how Creative would answer this question: "What do you have to say regarding why your new MP3 player looks almost identical to the iPod?"
  • by alanQuatermain ( 840239 ) on Thursday December 08, 2005 @03:27PM (#14212805) Homepage

    In a reply both to the parent and the GP, it's probably worth noting that Creative wasn't exactly the first to implement this sort of thing either: arguably it's actually a NeXTStep thing [nyud.net].

    In any case, even if Creative's patent is on the first use of that 15-year-old (at the time of the Nomad, 11-year-old) browsing method on an MP3 Player, then -- all talk of meritless/obvious patents aside -- I think Apple should get the benefit of the doubt since their interface for the iPod is so obviously the same column view used in the Finder on OS X, and in NextStep before it.

    I mean, it's patently obvious that the interface from the iPod is nothing but a port to an MP3 player of the existing interface to their computers. I mean, that's got to count for something, even if only to illustrate that the Creative patent shouldn't have passed the non-obviousness filter. I mean, if I can file a patent today which uses someone else's idea on a new device, and then use that to stop said company using *their own idea* on a similar device, then ...

    Shit, I don't even have the words. And I know lots of words.

    To Creative:

    It looks like you lost the MP3 player war. Sorry, but that's the way it goes. I had a Nomad when they first came out. Nice piece of kit, although it used to take a hell of a long time to start up, and a long time to go through the library putting things into the 'current playlist' so I could play them. It was okay, though, and I liked it. However, the iPod beat you. It was fluid, simple, and fast. It looked nice, and rested in my hand nicely. It was the form & function that was needed for the type of device it was, and you didn't think of it first.

    So, stop kicking your legs in the air and screaming, and get up of the floor. Mummy isn't going to buy you sweets. In this case, Mummy is more likely to take away what sweets you have, and give you a round thrashing in the process.

    However, you make good sound cards (although I've not used them since my last Windows PC got stolen five years ago, but they were good then, and I'd assume they still are now). So, what I'd suggest is that you take that expertise and you make a rackmount wireless music receiver, so I can stream music to my hifi stack. Make it so that the rack jobbie can browse my music collection remotely, too. While you're there, you could do a remote, the size of the iPod nano, with a little screen so I can navigate through said music comfortably from my chair. There's not been a lot of good consumer-level activity on that front, so you've got a chance to really shine there. You can do good things. Just concentrate, expend some effort, and off you go.

    Lying on the floor kicking and screaming won't do it though. You'll just stand up eventually to find you've been left behind. Take it from someone who knows -- I kicked, and I screamed, and my mum just got into the habit of walking off. I'd follow, then lie down and scream a bit more. She'd just carry on without me. All the fuss just made sure I wouldn't ever get what I wanted. Don't make the same mistake.

    -Q

  • by Infonaut ( 96956 ) <infonaut@gmail.com> on Thursday December 08, 2005 @03:30PM (#14212835) Homepage Journal
    Clearly they are not serving their purpose, and should be abolished.

    The state of California's criminal laws are flawed. Therefore we should get rid of them.

    The American electorate voted in George W. Bush. Therefore we should no longer hold elections.

    The USPTO has many internal problems, some of which stem from how the office is funded, some from the pressures on patent agents, and some from rulings outside the control of the patent office itself. Does that mean that patents themselves are no longer serving their purpose? We see almost daily evidence of the limitations and problems of the patent regime as it is currently implemented, but to me that shows that the system needs to be reformed, not eliminated.

    If you think the deck is stacked against small innovators now, think about what would happen if patents were elminated altogether. The big players would be free to utterly crush would-be competitors. A properly functioning patent system protects the little guy and the big guy alike. No patent system leaves the little guy completely defenseless.

  • by rspress ( 623984 ) on Thursday December 08, 2005 @04:07PM (#14213265) Homepage
    Microsoft has soiled any chance that you had with this patent. When Microsoft won the suit Apple brought against them about interface elements the judge ruled that things like menus and windows are generic and thus public domain and not protected.

    Apple would still win on proof of concept as the have had nested menus on devices long before Creative. Both Macs and the newton was using them long before creative got into the Music Player business.

  • by DaveHowe ( 51510 ) on Thursday December 08, 2005 @09:58PM (#14215853)
    The so-called "defensive patents" are just used to deter attacks through the threat of countersuit. Mutually Assured Litigation?
    The problem there is patent farming - once you have a patent, you have two choices - you can either use it as a countersuit, or you can sell it to a patent-farming company who can't be countersued, as they have no product other than the patents themselves. As making an actual product incurs production costs, risks market forces (despite what MS may think, you can't force people to buy your product if they don't need it) and usually requires a distribution chain. by contrast, patent farming requires only an agressive lawyer, and if you *are* an agressive lawyer, can be pretty much a one-man-show with no upfront costs at all.

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