Apple Sued Over Fundamental iTunes Model 257
tuxgeek writes "A suit was filed Wednesday against Apple over the possibility that the iTunes music store and iPod are 'illegally using a patented method for distributing digital media over the Internet.' ZapMedia Services filed the suit, accusing the well-known OS and computer manufacturer of violating patents obtained just recently. 'The patents in question cover a way of sending music and other digital content from servers to multiple media players, a broad description that could also apply to a wide swath of other companies selling digital media and the devices to play it. ZapMedia said it met with Apple to discuss licensing, but Apple rebuffed the offer.'"
One can only hope... (Score:5, Funny)
Re:One can only hope... (Score:5, Funny)
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Re:One can only hope... (Score:5, Funny)
Re:One can only hope... (Score:5, Funny)
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Man you guys are seriously disturbed...
Re:One can only hope... (Score:4, Funny)
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I don't know what you do in your bathroom, but mine is free of distractions and I'm usually pretty relaxed. I've gotten some of my best ideas in here. Thanks to wifi, I can work with others during this relaxed state.
I got a friend who makes these herbal brownies with some stuff he grows in pots on his back porch does the same thing to me. Only side effect is after you eat one you want another. After the first though I am so relaxed you can hit me with a bat I and I won't notice it or car.
Re:One can only hope... (Score:5, Insightful)
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There's a lot of leeway in federal cases (Score:5, Interesting)
http://en.wikipedia.org/wiki/Forum-shopping [wikipedia.org]
East Texas is apparently well known as a venue for patent suits, as the judges there tend to find in favor of the plaintiff more than the national average.
Yay America!
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Re:There's a lot of leeway in federal cases (Score:5, Interesting)
Second, the Eastern District of Texas has fashioned themselves as a Rocket Docket where litigation occurs much faster than elsewhere in the country. The Western District of Wisconsin is similarly situation.
There's, of course, lots of advantages to being in a rocket docket: few delays, short discovery, and quick results.
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Re:There's a lot of leeway in federal cases (Score:5, Funny)
BTW, it's funny because it's real.
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Justice Stevens is 88 next month. My money's on at least one appointment to the SC for the next administration.
Re:There's a lot of leeway in federal cases (Score:4, Insightful)
Yay America!
You're right. In a really and truly free country, the government should forcefully tell you where you can and can't sue someone.
Sarcasm aside, why is it that when we have freedom and its abused, it's America's fault? You can't have your cake and eat it, too; either you have freedom and people abuse it, or you don't have freedom and people get upset. Utopia really isn't an option with what human nature is....
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And one might wonder (Score:2)
Maybe it's time to counter-file that the claims they have fall under the RICO act [wikipedia.org] since it may be considered either Extortion [wikipedia.org], Larceny [wikipedia.org] or Fraud? [wikipedia.org]
But this in turn shows that the patent system is flawed. And possibly also the legal system that even accepts cases like these in the first case.
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Prior art (Score:3, Insightful)
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When will they learn (Score:5, Insightful)
Re:When will they learn (Score:5, Insightful)
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He may have a already stepped in to protect Jobs on Stock Option back dating. Other CEOs were fined and forced to resign for the same tactics and Jobs was spared.
--
I want to Patent the process of filing a Troll Patent.
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Re:When will they learn (Score:4, Interesting)
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Re:When will they learn (Score:5, Funny)
It will take exactly 27 more.
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Or if all else fails, nail the CEO with fraud like they did to Qwest.
No, it will involve a patent troll being roundly beaten in court battles by a large IBM, and their lawyers being disbarred. Their CEO is undressed in court and forced to handover clothes as part of settlement in addition to long jail time.
I d
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I'm not convinced that there's any essential difference between software and business method patents and regular patents, they all say "I own this knowledge". Software is just a new enough field to make it very obvious that a particular piece of knowledge can originate from multiple sources.
Perhaps independent invention (regardless of being first) should be a valid defense against infringement suits, and maybe it should even invalidate the patent (especially if it happens multiple times).
Perhaps the obv
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You sir, are an optimist.
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Such an innovative invention (Score:5, Funny)
Re:Such an innovative invention (Score:5, Informative)
Patent 7,313,414 is just a continuation of same.
Check out the whole filing here [justia.com].
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Apple stole their vision! (Score:5, Insightful)
From the article: "When someone takes our vision and our intellectual property without a license after several attempts, we have no option but to protect it through every means available to us," Robert Frohwein, ZapMedia's general counsel, said in a statement.
Apple took their vision? iTunes has been out since January 2001 -- and based on 1999 software released by a third-party that Apple acquired -- and NOW somebody says it was theirs? Please. The only reason ZapMedia lacks vision is because they've got their heads up their sunless parts.
Re:Apple stole their vision! (Score:4, Informative)
Re:Apple stole their vision! (Score:5, Informative)
It was not until Version 4 that the Itunes store was added allowing distribution of music in 2003.
This patent is all about distribution and was filed in 2000.
So apple might have a real issue here.. I hope not..
Information gathered from the ever reliable Wikipedia.
http://en.wikipedia.org/wiki/ITunes [wikipedia.org]
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They were just granted the patent on Tuesday. Would you have rather they filed suit before the USPTO finished the paperwork? The patent was applied for years ago. Yes, it takes years to get a patent.
Not the best article about the topic (Score:5, Interesting)
http://www.appleinsider.com/articles/08/03/12/apple_sued_over_foundation_to_ipod_itunes_franchise.html [appleinsider.com]
ZapMedia claims in its suit that after filing for the patent, they went around to various tech companies - Apple included - and pitched the idea in great detail. This was before the launch of the iPod or iTunes.
I still think this shouldn't be a patentable thing, but the suit is less wildly without merit than the article linked in this story would suggest.
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something from Compuserve that consistutes prior art. It's just not a particularly original
idea.
How about this: (Score:2)
They don't even have a WEBSITE (besides this [zapmedia.com] lovely info-l
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In all seriousness, maybe they do have a case then.
Don't be so quick to judge... (Score:5, Insightful)
They filed for these patents 9 years ago, and one of them was just granted
I know we are all against software patents... but these guys have been waiting for 9 years to be able to use this patent by the rules that everyone is supposed to play by. calling them Patent Trolls for standing by and watching while Apple used thier technology to make billions, is not quite accurate.
What would have happened if this patent was issued 9 years ago? or even just the year before the iPod came out? Would it be the ZapMediaPod that everyone was playing thier music on?
Patent laws were originally designed so that the little guys can get thier inventions out without being clobbered by the big guys. Granted they don't work that way in practice.
However - if you read the article's related to this issue, (and I don't mean the trashy yahoo article) try this one:
http://money.excite.com/jsp/nw/nwdt_ge.jsp?cat=PRRELEASE&src=102&feed=cmt§ion=news&news_id=cmt-072b4826&date=20080312&alias=/alias/money/cm/nw [excite.com]
You will see that these guys worked closely with Apple, and then Apple cut them out of the loop, EXACTLY what patent law was originally designed to prevent.
Patents shouldn't apply to software... maybe. How do you protect the small time coder from the big business that takes thier ideas, makes billions, and then doesn't return a dime, without patents?
I'll accept any answer that doesn't end with
3: ????
4: PROFIT!
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Re:Don't be so quick to judge... (Score:5, Insightful)
I think what you meant to ask was - what would have happened if these guys had actually made a store and tried to make deals with media companies for distribution? I might have a bit more sympathy for them if they'd actually done something with the idea, they might have made it big, been chosen by media companies who are desperate for an Apple alternative, or been bought out.
Doesn't say that anywhere in the press release you link to, which is in fact direct from the company suing in any case, so I'd take it with a pinch of salt. If they could claim they were in negotiations or actually working with Apple, they would have. Probably they just pitched to lots of companies in the hope of taking them to court later.
You don't. Small time coders don't need protection in a world without patents (so long as you also prevent cartels and monopolies), because it's very easy to break into a market - all you need is one computer, one programmer and the right idea to make it big, or nowadays perhaps a server if you want to do web apps. A big company is not agile enough to react to rapid changes in features etc - you could run rings round them as a small company if you have good ideas and talent because with software you don't have to manufacture, pay up front for materials etc etc. In a world with software patents this is virtually impossible as a larger competitor can crush you like a bug with some ridiculous 'One Click' patent or a patent on tabs in a user interface as soon as you begin to threaten them. Software patents work exclusively in favour of the big guys, and offer no protection to smaller companies. They were intended for physical inventions, and that's where they should have stayed - even there they're open to abuse and should require a physical prototype.
Quite apart from anything else the US Patent Office obviously can't handle the workload, so they need to restrict the number applications as a matter of practicality - that should have been done years ago because as it is they're becoming the laughing stock of the world.
Re:Don't be so quick to judge... (Score:5, Funny)
the ZapPod BeebleBox?
Re:Don't be so quick to judge... (Score:5, Insightful)
Protect someone whose obvious idea (send a file over the internet! ooh! aah!) is taken? You don't (why would you?). Protect someone whose product is ripped off? Copyright. Protect someone who did some consulting for Apple and spent time explaining that it might be profitable to build a vertical market of selling a player and selling music that can only be played on that player? Small claims court for the unpaid consulting bill.
There is nothing about iTunes or the music store that should be patentable. Neither one contains any technical innovation that patent law was ever intended to protect. Neither one has anything that makes any engineer exclaim, "Damn! How did they do that?"
The only "innovation" (and I use that loosely) is the product tying itself, but building vertical markets is an old idea anyway. Apple just happened to get there first with the music and only-player-that-can-play-it combo (and even that shouldn't be patentable).
They waited 9 years for what? They didn't need a patent in order to sell players and music. They didn't need a patent to write an http server.
If these guys got the idea before Apple but didn't get around to implementing it, it's no loss. There has been no ill effect on the progress of the useful sciences and arts.
And on top of all that, what Apple is doing happens to be a bad (i.e. not useful) idea (from society's point of view, not Apple's). Having music that isn't interoperable with other players, is a regression in useful sciences and arts. Everybody who buys music from iTMS is worse off than they would be if the store didn't exist. Why should society grant a monopoly to incentivize the development of business models that have a negative value? (Well, ok, I can think of a reason: to limit its deployment. ;-)
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A bizarre claim. People are paying to be made worse off. Wow, we must be idiots.
I buy stuff from iTMS because it saves me waiting for a CD via mail, then ripping it. And if I need a CD I can burn one myself (legally). How am I worse off in any way? Arguably by the difference in price (if any), audio quality (if perceptible). Meanwhile, we just saved the world a bunch of packaging and plastic.
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I was talking about Apple's one "innovation" -- the one new thing that set Apple apart from all the others who came before them. And that "innovation" was the product tying. You're worse off that the files you bought are only playable on one manufacturer's players.
Because 9 or 10 years ago, before there was an iPod or iTunes, you could a
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If someone modifies source code you wrote and the source code is under copyright (which it is by default), the modifier has to check with you before distributing their modifications. Otherwise it's copyright infringement. This is pretty standard already in the software world.
A key difference between copyright and patents is that you know if you're infringing on someone's copyright or not. Except in instances where another person purports to have written code (but
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Patent trivia: patents in the US are always granted on Tuesday
No, I have no idea why that is, but check the dates. They are always Tuesday.
Re:Don't be so quick to judge... (Score:4, Informative)
Less an article, more a press release...? (Score:2)
However - if you read the article's related to this issue, (and I don't mean the trashy yahoo article) try this one [excite.com]
To quote from that article: "Beginning in the late 1990s, ZapMedia, Inc., the predecessor of ZapMedia Services, created a unique platform and vision for the enjoyment of digital media assets. In connection with this vision, ZapMedia developed a system by which it could provide hardware, software and content to consumers to allow them to gain control over their digital media assets."
Now, I don't want to sound cynical, but that seems less an 'article', more a 'press release reprinted verbatim'...
/ (Wow
Re:Don't be so quick to judge... (Score:5, Insightful)
http://en.wikipedia.org/wiki/Submarine_patent [wikipedia.org]
Basically, you can keep modifying claims, filing for extensions, etc for quite some time on a patent and only wrap up the process when:
a) the technology is well entrenched in the market,
b) you've tweaked the specific claims on your overly broad patent to match the market you're going after, and
c) are ready to start suing.
It's one of the most asinine parts of an already very asinine system.
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Indeed seems foolish. Software is nothing more than giving instructions to a machine. If instructions to machines can be patented, why not all instructions, such as those to people? Maybe you can patent a new method of programming children to decode alphanumeric symbols applied to paper.
Maybe a chefs can get patents on a method for combining and heating various organic compounds for human consumption?
The possibilities of patenting instructions of various types are
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I disagree with their patent, still. It's too vague, and too obvious.
The diagram from their patent is a picture of any internet service: Take data from multiple servers, make arrows that point from those servers to a cloud, and some computer devices that connect to the cloud and receive the data. I implemented prior art, as I used to have an account on a unix box with my ISP.
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The problem is that the idea is so feckin' obvious. It's a music shop, except the music is sent down a wire rather than etched into unreliable, breakable plastic. You might as well patent record shops as well. Oh, and music sent down a wire. Oh, and the wire at the same time.
If I'm correct, Apple had their sights on turning the computer into a 'digital media hub' around the time they released the iMac (1998). Also, the idea that a 'centralized system for digital media distribution over the Internet'. Isn't
Frank Zappa was first (Score:2, Informative)
this patent a method thing is out of control (Score:2)
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Wow! (Score:5, Insightful)
Hmmm. Without reading the patent
What about 'media players' and 'music' differentiates this from, oh, 'files' and 'NFS' for instance? "A method of allowing multiple clients to remotely access a networked resource".
Man, patents can seem so stupid.
Cheers
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-S
Do They... (Score:2, Insightful)
Bits is Bits, Encoding is Encoding (Score:5, Insightful)
Now, coming up with an insanely cool new encoding technology? Designing a new network transport system that passes information in a new and highly efficient way? Those should be patentable. But pushing a file in that encoding over the new network, please, somebody get a clue. If not, I'm planning on patenting a system to transport iPods across country using Hybrid vehicles....
Link to patent (Score:5, Informative)
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Let's hope (Score:2)
What kind of special way? (Score:2)
MAGIC! Let Apple claim its magic... (Score:2)
We can only hope. (Score:3, Interesting)
Did you read the patent? (Score:5, Informative)
In 2003, Apple came out with the iTunes store, and this is where the patent infringement is claimed. There's a centralized database of media (music files, video, etc.), and that is distributed to local media players. There is something that verifies that the player has permission to play that media.
Notice there is nothing in the patent that says downloading! If I had a streaming service, and you connected to the streaming service via WiFi or some other mechanism, if you selected some media to play, and the server verifies you have permission to play that, and then it streams the media to your local player, that would be covered under the patent.
To me, the patent is overly broad. There is no method specified, only the results (local player plays media from a central server it has permission to play). In fact, because it is so overly broad, it is easily possible to find local prior art. For example, cable TV might qualify (central database of TV shows, and these are played via a local player (called a TV set), but only by the people who have permission).
Oldest patent lawsuit filed (Score:3, Funny)
Took Them Long Enough (Score:2)
good (Score:3, Interesting)
Old Paradigm (Score:3, Interesting)
Re:You would have though they would notice sooner (Score:5, Insightful)
iTunes has been out for yonks now and people have been raving for years about it and not one person at this patent troll office thought "hmmm, we have a patent on that".
Re:You would have though they would notice sooner (Score:5, Insightful)
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Re:You would have though they would notice sooner (Score:5, Funny)
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I suspect that this patent will be very hard to fight in the US courts because the defense reli
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Re:You would have though they would notice sooner (Score:4, Interesting)
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What good is an idea if you can't execute on it? I'm pretty sure that Apple didn't steal the idea from Zapmedia, so really....what is the consideration that Apple is supposed to pay Zapmedia for?
They (Zapmedia) had a headstart but didn't have the business/marketing wherewithal to do anything with it and now they want the US govt to do what their ineffective business could not - make big money.
I
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Re:So... (Score:4, Insightful)
Wasn't the original Slashdot posting about the iPod [slashdot.org] (now legendarily) just, "No wireless. Less space than a nomad. Lame." with a number of followup comments about "Probably just OEM'd." and "Mediocre at best" type summaries?
In fairness, a few did say that the device shouldn't be dismissed, but I call shenanigans that people saw it was going to dominate.
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What good is an idea if you can't execute on it?
What you've just said is the equivalent of exclaiming "what good is [University of X's or Joe Average's] brilliant idea if they can't build the multi-billion dollar fabrication plant to execute on it?"
Coming up with [IDEA] and then selling it to someone is a perfectly legitimate business plan.
I'm pretty sure that Apple didn't steal the idea from Zapmedia, so really....what is the consideration that Apple is supposed to pay Zapmedia for?
Ahhh, well since you've researched the issue, please share with /. the set of facts upon which you base your conclusion.
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What are they thinking?
They were thinking: "The patent office is ran by understaffed fools, and if we're lucky, we can sucker a few hundred thousand out of Apple, Microsoft, Creative, etc before someone shuts us down."
Re:ZAPMedia are those guys that provided TV listin (Score:2)