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Apple Wins iTunes Interface Patent

phalse phace writes "There aren't too many details, but C|Net's news.com.com is reporting that Apple was issued a patent for its iTunes software interface on May 4. If you remember, Apple recently applied for a patent for its iPod interface as well."

278 comments

  1. Not sought any patents? by kemapa · · Score: 5, Funny

    While software patents have become increasingly common in the past few years--leading to long and contentious strings of litigation over seemingly basic computing techniques--not all companies are taking Apple's approach.

    A RealNetworks spokesman said his company had not sought any directly comparable interface patents for its 10-year-old media player software, for example.


    Of course RealNetworks has not sought any interface patents! How could you patent bloat, resource-hogging, and un-usability!?!?

    1. Re:Not sought any patents? by Frac · · Score: 4, Funny

      Of course RealNetworks has not sought any interface patents! How could you patent bloat, resource-hogging, and un-usability!?!?

      Exactly. Microsoft already holds all the prior art!

    2. Re:Not sought any patents? by emo+boy · · Score: 2, Funny

      To be honest I can't find the miniscule link to the free realplayer on their web site anymore so I never installed it. What a shame! No wait...no it's not!

    3. Re:Not sought any patents? by Anonymous Coward · · Score: 0

      I never could find it either! I wonder why? (sarcasm)

    4. Re:Not sought any patents? by Anonymous Coward · · Score: 0, Redundant

      Of course RealNetworks has not sought any interface patents! How could you patent bloat, resource-hogging, and un-usability!?!?


      You don't. Microsoft has prior art.

    5. Re:Not sought any patents? by pilgrim23 · · Score: 1

      Query: Speaking of Patents, and related subjects... is the BSOD covered by copywrite?

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    6. Re:Not sought any patents? by anthropomorphized · · Score: 1
      Most people are probably aware of this (including the parent), but "patented != better". It doesn't even mean good. In the US, all it really means is that it is new, useful, and novel. Utility requires that it does what the patent claims it does. Thus, RealNetworks may patent "a means of consuming computer storage capability, CPU resources, and confusing the user . . . " etc... as long as its new, novel, and does what it claims (which it certainly would). [IANA Patent Agent].

      Interestingly, and OT, all these herbal supplements that boast patented are certainly patented, but that may only be a patent on the compound or mixture, which may or may not claim to posses the advertised capabilities. A course I took once said, that the test for utility of many chemicals was to take it outside and poor it on the ground, if grass grew better, it was a useful growth agent, if grass dies, it was a useful weed killer. So remember, the next herbal supplement you take may be patented.... for killing plants.

    7. Re:Not sought any patents? by byolinux · · Score: 1

      I'm assuming you're on Windows...

      Real alternative - al Alternative will allow you to play RealMedia files without having to install RealPlayer or RealOne Player. Supported are: RealAudio (.ra .rpm), RealMedia (.rm .ram .rmvb .rpx .smi .smil), RealText (.rt), ReadPix (.rp). It also supports RealMedia content that is embedded in webpages. RealMedia .smi and .smil files are not fully supported, only the first part will usually be played. This is a limitation of the current Media Player Classic. The RealMedia Browser plugin supports Internet Explorer, Opera, Mozilla and Netscape.

    8. Re:Not sought any patents? by wcb4 · · Score: 1

      Minutus cantorum, minutus balorum, minutus carborata descendum pantorum

      A Little song, a little dance a little something down in my pants. Do I want to know what carborata means?

      "Say 'Hello' to my little friend!"

      --
      I reject your reality ... and substitute my own.
    9. Re:Not sought any patents? by pilgrim23 · · Score: 1

      seltzer carborata as in carbonated?

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
  2. Groan... by grub · · Score: 4, Insightful


    Not trying to be funny, but has the command line been patented yet? It seems that many companies are trying to get a piece of a very limited "interface pie". You never know, one day some scummy group may claim that DOS, xterm, command.com, a unix console and my old Wyse 60 terminal infringe on their IP.

    --
    Trolling is a art,
    1. Re:Groan... by RayTardo · · Score: 3, Funny

      You can't retroactively assign patents. Otherwise I could patent the wheel and be richer than Bill Gates...

    2. Re:Groan... by Doesn't_Comment_Code · · Score: 2, Interesting

      I don't think they would get very far since command lines are used so much by so many people. If you do have a legitimate claim to IP, you must make an honest effort to protect it or you lose it. For instance, you can't develop a data structure, patent it, let everyone use it as if you had not IP rights - then after a lot of people use and depend on it, start enforcing your rights. The judge should throw you out for that. You have to show that you at least tried to enforce your IP rights from the beginning, or they are gone.

      --

      Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    3. Re:Groan... by Anonymous Coward · · Score: 1, Funny

      Or trademark "Bill Gates" and sue his parents.

    4. Re:Groan... by ThogScully · · Score: 4, Interesting

      Someone more lawyerly will likely correct me, but you're thinking of trademarks from my understanding. Trademarks must be protected or else they're lost. Patents however, especially as of late, you'd think were designed specifically for the rather underhanded practice you just described. Consider GIF, as the most common example.
      -N

      --
      I've nothing to say here...
    5. Re:Groan... by Dayflowers · · Score: 0

      If that were the case, wouldn't MS's effort to demand licenses for the use of FAT32 be futile?

      --
      I am a speak english. Do you not? - Saroto
    6. Re:Groan... by Quinn_Inuit · · Score: 1

      That might actually be a good thing, since it would force IBM, Microsoft, and the other industry giants to band together to end the insanity. Then again, it might just result in the invalidation of the patent and business as usual, but I can hope, at least.

      --

      Stop learning! Only you can prevent esoterrorism.
    7. Re:Groan... by twbecker · · Score: 1

      I think this is mostly true. For example, the company I work for actually holds the patent on "Client/Server Technology". I don't think it's likely that any effort to enforce that patent would be fruitful at this point, not that we have any intention of trying ;)

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    8. Re:Groan... by Doesn't_Comment_Code · · Score: 1

      Perhaps you are right and I am confusing trademark with IP. But I don't think you can successfully apply for and use a patent after the cat's out of the bag. For instance, I think the situation is different if someone tries to collect on a patent filed ten years ago, versus someone trying to patent something today that has been in use for ten years (as in the situation the original poster noted). Still, I could be wrong, and I wouldn't bet my life that what I just said is write - recolection is a fickle thing.

      --

      Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    9. Re:Groan... by EricWright · · Score: 2, Informative

      A patent is supposedly issued to someone claiming an invention, creation, or, in some limited cases, discovery (in biological circles, but this requires discovery of a means to duplicate the mutation/cross-breeding/etc). Prior art is supposed to invalidate the claim, even overturning previously issued patents. However, once you have a patent, it's yours for, IIRC, 17 years from date of issuance or 20 years from date of application, whichever expires first (assuming it's not overturned).

      There is no concept as patent defense. You may be getting this confused with trademark/service mark defense. In the latter case, if you don't defend your sole right to use the TM/SM in the manner in which it was issued, you may end up losing the right. However, you can have a patent for 15 years, do nothing to those who violate your patent, then file a multitude of lawsuits right before the patent expires. In fact, this has gotten common enough to warrant a buzzwordy phrase: submarine patents.

      Well known examples of submarine patents include Unisys' gif patent, Forgent's jpeg claims, and the recent Eolas patent lawsuit against MicroSoft regarding patented applications related to browser plugins.

    10. Re:Groan... by stephentyrone · · Score: 2, Funny

      Actually, a crazy guy from my hometown legally changed his name to "Coke Is It" and then tried to sue Coca-Cola. He lost.

    11. Re:Groan... by Doesn't_Comment_Code · · Score: 1

      You seem to know your stuff, so I'm going to go ahead and assume I was confused about IP vs TM and consider myself corrected. Thanks for the correct info.

      --

      Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    12. Re:Groan... by Dwonis · · Score: 1
      Don't be obnoxious, or I'll replace you with a Perl script.

      A Perl script?? Ewwww! ;-)

    13. Re:Groan... by JosefK · · Score: 1

      There is no concept as patent defense.

      Not true. It is possible in certain cases to defend against a patent claim by arguing the doctrine of laches.

      From http://www.converium.com/2103.asp:

      Laches is recognized as an equitable defense available to defendants in patent infringement litigation under 35 U.S.C. Section 282 (1988). Laches enables the infringer to avoid liability if the patent holder delays too long before commencing litigation. The doctrine flows from the longstanding, fundamental legal principle that equity will not protect those who sleep on their rights.

      The laches doctrine assures that old grievances will some day be laid to rest, that litigation will be decided on the basis of evidence that remains reasonably accessible and that those against whom claims are presented will not be unduly prejudiced by delay in asserting them. Inevitably, it means that some potentially meritorious demands will not be entertained. But there is justice too in an end to conflict and in the quiet of peace.

      The U.S. Supreme Court has long held the laches defense applicable to patent infringement cases. The defense contains two elements:
      # The patent holder delayed bringing suit and that delay was unreasonable and inexcusable; and
      # The alleged infringer suffered materially prejudicial harm from the delay.

  3. What happens to ripoffs then? by Anonymous Coward · · Score: 0, Interesting

    Will Linspire be in trouble?

    1. Re:What happens to ripoffs then? by Anonymous Coward · · Score: 0

      I hope so! Those people are only giving Linux a bad reputation.

  4. Lsongs by Hackie_Chan · · Score: 4, Interesting

    Thank god... Maybe Apple now can sue the makers of Lsongs because they completely ripped them off.

    --

    What's so bad about being lazy? What if there was a war and nobody showed up?
    1. Re:Lsongs by Anonymous Coward · · Score: 0

      Duane Maxwell, the Lsongs author, is a dickhead (read the whole thread to see why).

    2. Re:Lsongs by Anonymous Coward · · Score: 0
      I'm sure Michael Roberts (?) would love the PR from that, and the press release is probably already written.

      I don't see anything in iTunes that can't be found in dozens of other music programs - this patent seems pretty weak and Apple probably wouldn't enjoy having a wolverine like Roberts dragging all that prior art out in court and in public.

      If Apple's smart, they'll just leave it alone.

    3. Re:Lsongs by MikeX · · Score: 1

      If Microsoft patents anything, you would be screaming foul,
      but Apple patents something ridiculous and we get "Thank god... Maybe Apple now can sue..."

      Apple is awesome, but they are still capable of doing stupid things.

      --Mx

  5. I'd call prior art on that one... by Llywelyn · · Score: 4, Funny

    MS pioneered it long ago.

    --
    Integrate Keynote and LaTeX
    1. Re:I'd call prior art on that one... by tbone1 · · Score: 1
      Thcah! Like everyone's forgotten DCL on the VAX!

      You had forgotten? Oh, sorry; here, have some lithium.

      --

      The Independent: Reverend Spooner Arrested in Friar Tuck Incident - ISIHAC, Historical Headlines
    2. Re:I'd call prior art on that one... by awtbfb · · Score: 2, Funny

      MS pioneered it long ago.

      Don't you mean innovated it long ago?

    3. Re:I'd call prior art on that one... by Anonymous Coward · · Score: 0

      Ah, DCL, what a command language should be. I loved DCL.... long LIve Luke VaxHacker!!!!

    4. Re:I'd call prior art on that one... by jweatherley · · Score: 1

      Yeah - don't dis the might VMS!

      --

      --
      Reverse outsourcing: it's the future
    5. Re:I'd call prior art on that one... by struberg · · Score: 1

      > MS pioneered it long ago.

      Damn!
      Maybe Microsoft is having a patent on patenting interfaces?

    6. Re:I'd call prior art on that one... by Anonymous Coward · · Score: 0

      Yeah, and EMACS is slim and sexy.

    7. Re:I'd call prior art on that one... by hesiod · · Score: 1

      > > MS pioneered it long ago.
      > Don't you mean innovated it long ago?

      No, there's a difference. When MS "pioneers," it means they stumbled across something cool on their own & actually kept it. "Innovated" means blatantly stolen. That's why you hear "innovate" much more often than "pioneer" at MS.

  6. why Apple switched strategies by phats+garage · · Score: 2, Funny
    Apple appears to have learned from its mistake in relying on copyright law and is now turning to patent law to protect its user interfaces.

    Because even Apple knows where the real bozos work: in the patent office.

  7. Good for them... by seanmcelroy · · Score: 2, Interesting

    Maybe in their eyes, it'll keep history from repeating, when a lot of the early Apple UI elements were ripped off right and left.

    --
    Be very, very careful what you put into that head, because you will never, ever get it out. -Thomas Cardinal Wolsey
    1. Re:Good for them... by divirg · · Score: 2, Funny

      when a lot of the early Apple UI elements were ripped off right and left.

      *cough* Windows

    2. Re:Good for them... by zeroprime · · Score: 1

      ...Xerox

      --
      Hey! come on! try dividing it by anything!
    3. Re:Good for them... by aristotle-dude · · Score: 4, Informative
      This is an urban myth. Apple actually paid money to Xerox for access to their GUI lab and they hired away a guy from Xerox.

      You must be thinking of MS which did not pay Xerox anything and ripped off Apple.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    4. Re:Good for them... by the_2nd_coming · · Score: 2, Interesting

      no they did not. the PARC crap had nothing at all in common with the Desktop metaphor.

      have you ever looked at a picture of the Alto interface? it was nothing but a white screen at the time Jobs took a gander at it for a price.

      --



      I am the Alpha and the Omega-3
    5. Re:Good for them... by ChuyMatt · · Score: 1
      Here

      That is just one of the sites that noted that it was a deal with Xerox, who thought it was failing as an idea, to give some tech to apple. note: this is not STEALING! It was expected that Apple would use the technology.

    6. Re:Good for them... by Anonymous Coward · · Score: 0

      Apple didn't paid any money to Xerox. Apple monkies are trying to rewrite the history by making those false claims. In fact noone from the xerox lab have admitted that they were paid.

      On the other hand, some xerox employees were picked up by Microsoft and Microsoft did pay Xerox for some of the patents. That's why Apple lost the court for the stuff they didn't invent.

    7. Re:Good for them... by Anonymous Coward · · Score: 1, Informative

      It's amazing. Your posting is 100% false. That's impressive even by Slashdot standards.

      0. Xerox openly showed Apple their stuff.
      1. Apple paid Xerox for a license to it.
      2. Apple hired Xerox employees to work later (3 months later) in the project.
      3. Microsoft did NOT pay Xerox for patents.
      4. Apple lost because it turns out that Microsoft had paid APPLE for a license.

  8. Lsongs picture link by Hackie_Chan · · Score: 5, Interesting
    --

    What's so bad about being lazy? What if there was a war and nobody showed up?
    1. Re:Lsongs picture link by Kenja · · Score: 1

      Those two screen shots do not realy look much alike. Sorry but I dont see how the one "ripped off" the other.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Lsongs picture link by jonjohnson · · Score: 1

      You forgot to click the "Browse" button while looking at the library. Then you have a very very close looking interface.

    3. Re:Lsongs picture link by the_2nd_coming · · Score: 1

      uhh...click on browse.

      --



      I am the Alpha and the Omega-3
    4. Re:Lsongs picture link by bubba451 · · Score: 5, Informative
      Here's a better comparison (I made the window bigger and put it in Browse mode).

      The only difference, besides Lsongs taking a few beatings from an ugly stick, is that for some reason its controls are on the bottom.

      But everything else, down to the File/Edit/Controls/Visualizer/Advanced menus and the eye icon for Browse is the same.

      Pretty embarrassing.

    5. Re:Lsongs picture link by Anonymous Coward · · Score: 0

      You're friggin' blind!

    6. Re:Lsongs picture link by d34thm0nk3y · · Score: 1

      wow...an eye icon for a browse function...that is so...non-trivial and non-obvious....eesh, give me a break. Can I patent using a musical note icon for doing something related to music?

    7. Re:Lsongs picture link by whoda · · Score: 1

      I could tell the difference between these 2 programs from across the room while they were being displayed on a 13 inch monochrome monitor.

    8. Re:Lsongs picture link by ChuyMatt · · Score: 1

      The buttons for the same things are put in the same place, the scrolling display and the play buttons are in the same config, just on the bottom, the browse and CD cover display are the same...the damned browse button has always been an eye button. come on, it is a direct copy with bad graphics and one change. it is blatant. Should they be sued, don't think so. not like it is going to go anywhere.

    9. Re:Lsongs picture link by wcb4 · · Score: 1

      I fail to see it. One is a nicely designed interface that was well thought out and well implemented by professionals who know something about interface design, the other was created by Linspire.

      --
      I reject your reality ... and substitute my own.
    10. Re:Lsongs picture link by Anonymous Coward · · Score: 0

      of course, apple made it so it MUST be absolutely fantastic without question.

    11. Re:Lsongs picture link by Anonymous Coward · · Score: 0

      Yes it is embarrassing that you want to limit the freedom of individual developers and tell us to let Apple profit from the obvious user interface elements. Patenting the user interface is quite embarrassing. I am sure there is prior art to Apple's itunes and itunes is hardly the first music player software out there.

      I don't care if you want to kiss Apple's ass, but do so at your own risk, not ours. We support freedom and Apple's corporate power can not take that away from us.

    12. Re:Lsongs picture link by ErroneousBee · · Score: 1

      Every single one of those things on those windows are either standard window furniture, standard windows widgets, or are trying to look like a hardware hi-fi. My Denon stereo has a > layout on the remote, progress bars arnt exactly inovative, the playlist looks like a standard filelist, the shuffle/loop buttons are on my WinNT CD Player. Lsongs has a search which isnt apparent in iTunes, Lsongs has 2 more frames than the apple one. Theyve just used similar memes to create their interface, and they look similar because they do the same job.

      Take a look at Honda's products vs Audi. They are pretty much identical because they do the same job and use the same standard memes.

      Ditto vacuum cleaners, running shoes, light switches, guns, film posters, pens, land based mammals, etc.

      --
      **TODO** Steal someone elses sig.
    13. Re:Lsongs picture link by Anonymous Coward · · Score: 0
      Uh, yes, that's true... but that isn't the test. Does it smell like infringement? That is to say, does it seem like the one company based theirs on the tradedress/interface elements of the other?

      Hm... same window layout. Some control layout. Same EYE icon, for goodness sakes.

      There's just no way the lSongs isn't directly based on the Apple, and that's all that matters.

    14. Re:Lsongs picture link by Anonymous Coward · · Score: 0
      It's not that... he forgot to click the Browse button. It's an eye icon... and it makes the very same two windows appear in the same place.

      Look at it a different way... do ANY of the players that came along before iTunes look that close to iTunes? Winamp? The default skin is a mess, and certainly nothing like that. Musicmatch? Not hardly. Run through the rest.

      And suddenly, after iTunes becomes one of the most popular in the world... an identical thing pops up, right down to the frame layout (again, after you click the browse button on either one, those two frames you commented on appear or disappear).

    15. Re:Lsongs picture link by lngtones · · Score: 1

      You'd be right if it wasn't a fact that every other thing in that interface has a direct correlation to the iTunes interface as well.

    16. Re:Lsongs picture link by lngtones · · Score: 1
      I moved the controls to the top of the window. Does this make it any clearer for your peabrain?

      Lsongs flipped
      iTunes

    17. Re:Lsongs picture link by lngtones · · Score: 1
  9. Are the defensive patents? by The+I+Shing · · Score: 4, Interesting

    Any chance Apple is just building a defensive portfolio to keep the trolls at arm's length?

    Who knows what kind of patents on music software are already out there... patent trolls line up to sue companies like Apple, and the latter can hardly be blamed for trying to insulate itself from such attacks.

    Of course, if it were Microsoft, I'd be all outraged and stuff.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
    1. Re:Are the defensive patents? by Quinn_Inuit · · Score: 2, Insightful

      That doesn't help the small producers much, though. Making an expensive stable of patents a prereq for software development isn't exactly going to promote "Science and the Useful Arts." Not that the Court seems to care about that anymore.

      --

      Stop learning! Only you can prevent esoterrorism.
    2. Re:Are the defensive patents? by Anonymous Coward · · Score: 0

      There is no such thing as a defensive patent. A patent blocks ideas from being used freely. It's scorched earth. If you're patenting software, you're part of the problem. End of story.

    3. Re:Are the defensive patents? by Anonymous Coward · · Score: 0

      "Of course, if it were Microsoft, I'd be all outraged and stuff."

      A good admission that you are an idiot. However, almost everybody knows that most of you are idiot.

    4. Re:Are the defensive patents? by MaineCoon · · Score: 3, Interesting

      It also makes sense given Apple's design philosophies - ease of use and style/form. It's all about their appearance - it's a very specific, unique style, that they want associated with their OS and software. People who make OS X-like themes for Windows and Linux want to scream bloody murder when they get Cease and Desist letters, trying to claim fair use. However, by making the theme and >distributing it, they're actively (although perhaps not intentionally) attempting to use Apple's designs and themes to subvert Apple's marketshare.

      As an example - if someone made a car that looked very much like a Jaguar, but cost a third as much and had more commodity parts under the hood, and started selling it as the Panther. That's very obviously wrong, and even those theme-makers will probably agree.

      What's the difference? One's a physical form of style, the other is a digital visual form of style. Nothing wrong with owning/restricting the use of a computerized form of artistic visual style. Even the GPL is a license that restricts the use of the licensed digital content.

      --
      Hunt your preferred prey at Aliens vs Predator MUD. Join the war at avpmud.com port 4000
    5. Re:Are the defensive patents? by TheAntiCrust · · Score: 4, Insightful
      As an example - if someone made a car that looked very much like a Jaguar, but cost a third as much and had more commodity parts under the hood, and started selling it as the Panther. That's very obviously wrong, and even those theme-makers will probably agree.
      I disagree. Since it has lesser parts in it, the consumer is getting what they pay for. If all they want is a car that looks nice, then why should they have to go spend all that money on the Jaguar when all they want is a nice looking A to B car?
    6. Re:Are the defensive patents? by jeffgeno · · Score: 1
      As an example - if someone made a car that looked very much like a Jaguar, but cost a third as much and had more commodity parts under the hood, and started selling it as the Panther. That's very obviously wrong, and even those theme-makers will probably agree.

      It's very obviously not wrong and very obviously exactly what happens in every other market.

      Sony introduced the flat screen Wega TV line years ago and now everyone from Toshiba on down to Apex has a boxy silver TV with a flat screen and speakers on the sides. The ability to create knock off products is what gives consumers choice. Like that Calvin Klein suit but can't afford it? Get the Versini knock off. Don't want to spend the money on real Coke? Get the supermarket brand. Can't justify the price of Word? Download OpenOffice.

      In all those cases, you're trading either quality or an image to save money. There's still a market for the original because sometimes people aren't willing to comprimise. Patents kill that competition.

    7. Re:Are the defensive patents? by tukkayoot · · Score: 1

      Right. Unless it's a blatent fraud (the manufacturer/salesman is trying to trick the buyer into thinking they are buying a genuine Jaguar), I don't see anything wrong with it. That's why we're able to have immitation designer clothes [which to my knowledge] are completely legal.

    8. Re:Are the defensive patents? by Anonymous Coward · · Score: 0

      You're implying that Jaguars are made of better parts.

      In this part of the world, it's long held knowledge that Jaguars don't leek oil accidentally. You see, the Jaguar engineers were thoughful enough to include a feature in the car, such that the car would directly help the maintaince of asphalt pavement by means of constant oiling.

    9. Re:Are the defensive patents? by levik · · Score: 3, Insightful
      Any chance Apple is just building a defensive portfolio to keep the trolls at arm's length?

      Quit kidding yourself. Apple *IS* a patent troll - they use any legal means they can think of to preserve market share. Whether or not this is a fair practice is debatable, but it isn't any different from Amazon slamming BN with 1-Click.

      Of course, if it were Microsoft, I'd be all outraged and stuff.

      If I were you, I would be outraged reguardless. By getting one of the first interface patents, Apple has just made it easier for all sorts of frivolous patent awards to happen. Patents as originally concieved were intended to protect concrete mechanisms and technologies, not ideas, algorithm and UI concepts.

      This one is a case in point of the trend of patenting things that were not meant to be patented. How can this do anything but lower the standard of software we use every day?

      --
      Ñ'
    10. Re:Are the defensive patents? by TexasDex · · Score: 1
      As an example - if someone made a car that looked very much like a Jaguar, but cost a third as much and had more commodity parts under the hood, and started selling it as the Panther. That's very obviously wrong, and even those theme-makers will probably agree.

      On the contrary. I can do that with no problem. I'll just make a generic.

      Let me explain. I work at a store called "Dollar General" which has many different commoddity products, most of which are generic. The "American Value" knock-off of, say, Spaghetti-O's is almost the exact same thing you get with the name brand. There may be slightly less assurance of quality, but the product is the same. And they stole the idea for rings in sauce from the name brand. The package even looks somewhat similar. The only differences I notice are the name and the price.

      Companies do this all the time. If you don't want to pay extra for the real thing, then buy the generic of it. The only exception is medicines that are patented--but this brings up the whole question of whether "look and feel" even deserves a patent in the first place.

      So is imitation really so "obviously wrong"? I don't think so.

      --
      The Cheese Stands Alone.
    11. Re:Are the defensive patents? by nordicfrost · · Score: 1

      Because the Jaguar company spends literally hundres of millions on R&D, and, in addition, lose money to the Panther company.

      This may sound like trolling, but there is a fine line between patent rip-offs and industrial espionage. Know, I know that lately many companies have made a mockery of the patent system. Or rather, the patent system in the US is fucked up. This doesn't mean that the concept of the patent is a bad idea, just that is implemented wrong.

      I'm a student. I had a creative idea a year ago. I wrote it down and patented it. Now, it seems that a major European telecoms company is "developing" a system similar to mine. Right now, I have too much on my hands to deal with this, but they WILL know of me soon. And I'm reasonable. I'll let them buy the patent for a million USD or two. It'll make the tenfolds of that in just a year, but I'm not greedy.

    12. Re:Are the defensive patents? by Anonymous Coward · · Score: 0

      Have you heard about replica cars?

      They're usually build on top of some existing chassis and look exactly like the real POrsches/Ferraris and other ridiculously expensive cars - exept they cost a tenth of what the real thing and have common technology.

      They're pretty common and as far as I know they're also legal.

      Try a google search.

    13. Re:Are the defensive patents? by martingunnarsson · · Score: 1

      That's not the point. The point is that if a company pays millions of dollars every year to design new products, others shouldn't be able to just copy that design for free.

      --
      Martin
  10. hmm. by mkavanagh2 · · Score: 5, Interesting

    How will this affect rhythmbox? For those who don't know, it's a free iTunes-alike for GNOME. I like it since mp3blaster is buggy without anyone trying to fix the bugs, xmms seems to have stopped innovating and everything else...well, sucks :)

    1. Re:hmm. by Anonymous Coward · · Score: 3, Insightful

      XMMS has stopped innovating? When did it start? It's a nice player, but it's always been a WinAMP clone.

    2. Re:hmm. by GenCuster · · Score: 1

      Go check out muine, it is written by the guy who started the rhythmbox project and its interface is my fave of any of the music players out there.

      Nate

      --
      "The poet presents his thoughts festively, on the carriage of rhythm; usually because they could not walk" Nietzsche
    3. Re:hmm. by mkavanagh2 · · Score: 1

      XMMS has always been a winamp lookalike, not a winamp clone :)

    4. Re:hmm. by N1KO · · Score: 1

      mpd looks interesting, I'm waiting for shoutcast support to start using it.

      Xmms isn't changing, but that doesn't mean it's dead. It's got the most features of any player and is easy to use from the command line with programs like xmmsctrl. I've even integrated it a bit with my window manager with xmmsctrl and xmms-shell. There are even Perl and Ruby modules for controlling it.

      Hopefully music players will move towards separating the interface into a separate program like mpd does.

    5. Re:hmm. by croddy · · Score: 1

      rhythmbox obviously uses theme-able GTK2 widgets instead of static OSX brushed metal widgets. I don't think there's anything to worry about.

    6. Re:hmm. by mkavanagh2 · · Score: 1

      Well..I doubt the patent is intented to protect the (ugly, IMO) widget theme, but rather the layout of the widgets. :)

  11. Apple slogan by Anonymous Coward · · Score: 1

    It was also announced today that Apple is dropping their "Think Different" slogan in favor of "Apple: Patent Anything Different" in order to control the parts of the world not already under Microsoft's Iron Fist.

  12. Mod parent insightful by TheSpoom · · Score: 1

    You're telling me. If Apple wanted to really annoy someone, they could say that since listboxes are a pivotal part of their interface, any use of listboxes must be licensed by Apple...

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Mod parent insightful by Abjifyicious · · Score: 1

      Could they actually do that though? If you patent a car that uses an engine as a pivotal part of the design, that doesn't mean you can make people pay license fees for car engines...

  13. Almost by w.p.richardson · · Score: 3, Interesting
    as bad as one-click.

    Which, oh by the way, Apple actually paid to use...

    --

    Curb CO2 emissions: Kill yourself today!

    1. Re:Almost by MachineShedFred · · Score: 1

      "Which, oh by the way, Apple actually paid to use..."

      Hmm... Imagine that... someone paid to use something that someone else patented first.

      Here's a revelation for you: A corporation will compare the cost of licensing something versus the cost of doing something similar and possibly facing litigation.

      if A < B, they will choose A every time.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    2. Re:Almost by jdreed1024 · · Score: 1

      While I agree the method in which 1-click was enforced was underhanded, I have to ask: If the concept of 1-click was so obvious, why hadn't anyone done it before amazon? Remember, it's not a shopping cart. It's keeping your info and specifying 1 address, 1 billing method, and 1 shipping address, and doing an entire order in one step. I don't recall seeing prior art for that. (I'm not saying 1-click is great, or that it should have been patented; just posing a question)

      --
      There is no sig, there is only Zuul.
    3. Re:Almost by Andy_R · · Score: 1

      Apple did NOT pay to use one-click. If you read the press releases at the time, it was made very clear that this was a reciprocal IP deal, Apple got a licence for one-click, and Amazon got 'some unspecified IP stuff' from Apple in return.

      If you read between the lines, it seems that the 'some unspecified IP stuff' was a promise not to contest the highly dubious one-click patent and the impression that Amazon were being paid licencing fees by at least one serious company for said dubious patent.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
  14. Ignorance about UIs by faust2097 · · Score: 5, Insightful

    Designing a novel, useful, original UI is as difficult as any other aspect of product development in the business world. If I can patent the design of a remote control [which wouldn't send the /. crew up in arms] why is it such a logical stretch to patent the interface for a software product that has the same type of functionality? In the case of the iPod the interface is both hardware and software. Doesn't Apple deserve the benefit of developing it just like a carmaker would for a braking system or a drug company for a new medicine?

    UI design is [b]hard[/b] and good solutions require careful development.

    1. Re:Ignorance about UIs by fmorgan · · Score: 1

      I couldn't agree more. Problem is good UI design is actually difficult but not commonly recognized as such. That's why lots of people actually think "easy-to-use UI" are those horrible Windows Wizards...
      It's more than time that books on UI design like Tog's or Alan Cooper ("The inmates are running the asylum" is a jewel) be seen as important as books on algorithm design!

    2. Re:Ignorance about UIs by happyfrogcow · · Score: 2, Insightful

      yeah, but is it patentable? copyrights should cover this, no? After all, it's just artwork rendered to a display. An example from a different industry... aren't the exterior designs of cars copyrighted? Why is this any different from a GUI?

      Apple can suck my apples.

    3. Re:Ignorance about UIs by faust2097 · · Score: 4, Insightful

      The interface is not the graphics, it's the underlying structure of the way the user interacts with the software. The graphics make a difference but UI design is the act of problem solving and creating solutions for how users interact with the information. There's plenty of unusable software out there with shiny buttons and nice icons.

      In the case of iTunes the solution was the multi-paned interface in which an information hierarchy is established from general to specific through the browse parts of the window [moving from general > specific with 'results' filtered at the bottom.

    4. Re:Ignorance about UIs by gorbachev · · Score: 2, Insightful

      How is that patentable? Looks to me a rather common solution to the "drill-down" usability problem.

      Proletariat of the world, unite to kill USPTO

      --
      In Soviet Russia, I ruled you
    5. Re:Ignorance about UIs by jkabbe · · Score: 2, Interesting

      If the "interface" is simply how it looks then it will be covered by either:
      1) a design patent
      2) a trademark

      But, if the interface involves more than anything just visual properties it will be covered by a utility patent.

      In the case of iTunes, the parts of the layout have actual meaning. And their functionality is related (clicking on an item in one panel changes another panel). Therefore this is more than just the "look" of the item and also includes the "functionality".

      Keep in mind that GUI elements like Expose can also probably be patented with a utility patent. Only things like the gumdrop buttons would not be protectable with a design patent.

    6. Re:Ignorance about UIs by IWannaBeAnAC · · Score: 1
      Well, I cannot speak for the rest of slashdot, but I for one would be up in arms over a patent on the design of a remote control.

      Of course, if there as something truely novel assocated with it then perhaps a patent would be appropriate, but the vast majority of patents that are actually issued don't have this as far as I can see, even 'traditional' hardware engineering type patents hve been corrupted.

    7. Re:Ignorance about UIs by happyfrogcow · · Score: 1

      then that unusable software could be patented as well. why not? it does something when you push this or slide that.

      nothing on the UI for iTunes looks revolutionary.

    8. Re:Ignorance about UIs by ozric99 · · Score: 4, Interesting
      Exactly. Similar to how Winamp arranges its playlists.
      See here for a grab I just made of winamp's library.
      I click on an artist and get a list of that artist's albums in another pane. Click on one of those albums and get a list of tracks on that album in another pane.

      Now, did this design come out before iTunes? I don't have time to go check on the release dates, but like you said, this is a pretty fundamental UI solution.

    9. Re:Ignorance about UIs by DCMonkey · · Score: 1

      If it is so common, why didn't someone else come up with it first?

      --
      DCMonkey
    10. Re:Ignorance about UIs by Anonymous Coward · · Score: 0

      The interface is not the graphics, it's the underlying structure of the way the user interacts with the software.

      Can you patent a building? No. If, say, an architect goes to a public building loks and says "Wow, it is a nice design", he can design (and build if he finds an invertor) similar one as long as he does not steal the drawings and does not use patanted construction methods. The same should apply here.

      ...creating solutions for how users interact with the information

      Bullshit. Creating solution is not enough. The apple's gui (not hardware) does not involve anything special which was not known before, it is only particular implementation (although I admit very good) of standard methods. You can not patent something only because it is a hard work to do so. Apple's gui is a nice design, but that's all.

    11. Re:Ignorance about UIs by croddy · · Score: 1

      iTunes and other music library/players fill a niche that only appeared after the widespread advent of digital music. when winamp 2 was released, very few people had 30GB of mp3 files ... and more likely they didn't have space to store them either. with bandwidth costs dropping and portable players becoming popular, people need a way to manage more music. the development of software like iTunes is simply a natural outgrowth of these trends.

    12. Re:Ignorance about UIs by jkabbe · · Score: 1

      That should say:
      Only things like the gumdrop buttons would not be protectable with a utility patent.

      Carry on.....

    13. Re:Ignorance about UIs by Halo1 · · Score: 1
      Designing a novel, useful, original UI is as difficult as any other aspect of product development in the business world. If I can patent the design of a remote control [which wouldn't send the /. crew up in arms] why is it such a logical stretch to patent the interface for a software product that has the same type of functionality?
      A patent is still a state-granted monopoly in exchange for something to society. What does society get from this? In case of a remote control, you get the schematics of how to build that thing. In case of a computer UI, society gets nothing in exchange for the monopoly: using the UI in a product is already the same as publishing it, so you don't need patents to encourage that.

      And it's also not like Apple won't develop any new UI paradigms anymore if they can't get monopolies on them.

      That's a big problem with UI (and business method) patents: the "inventors" get a monopoly in exchange for doing something they would do anyway (publish their innovation).

      --
      Donate free food here
    14. Re:Ignorance about UIs by faust2097 · · Score: 2, Insightful
      Of course, if there as something truely novel assocated with it then perhaps a patent would be appropriate
      It's the job of the USPTO to decide if something is sufficiently novel to deserve patent status. That's the whole point of the thing.

      One of the things about UIs is that the truly great ones seem obvious from the moment you use them. There was a time in [most of ] our lifetimes when there was no such thing as Cut, Copy and Paste on computers. Someone had to actually invent that. Thinking about it now it seems trivial but it was a revolutionary idea. It didn't get patented but that to me definitely qualifies as "sufficiently novel" especially given that every different DVD case I see seems to have 4 different patents regarding its disc retention system and the plastic tabs that hold it closed.

      I'm just confused as to why software patents are all evil but patents for physical inventions are OK. A lot of people claim that it will hurt OSS but I see the opposite. Instead of ham-fistedly aping existing dominant UIs like cluttered toolbars maybe people will have to come up with some new ideas. I've [unsuccessfully but that's for a different thread] participated in open source projects in the past.
    15. Re:Ignorance about UIs by bgs4 · · Score: 1
      A good question to ask yourself when deciding whether a company "deserves" patent protection is this:

      would the company have invested the same amount of money into the creation even if they would not have been able to obtain a patent?

      If the answer is "yes", then the patent did not promote invention and therefore allowing such a patent benefits no one other than the company that obtained it.

      It's safe to say that, in the case of drug companies, they would not spend millions of dollars developing a drug if ten other companies were able to copy the chemical formula the day after the drug hit the market and sell it themselves for a lower price.

      As for Apple, I think they will try to create the best interface they can whether or not they can obtain a patent. I can't imagine Apple (in some universe in which patents are difficult to get) being like "hmm, we could invest another ten million into UI design and create a significantly better UI, but let's go with this crappy UI because we won't be able to get a patent."

    16. Re:Ignorance about UIs by richieb · · Score: 1
      yeah, but is it patentable? copyrights should cover this, no?

      Look at it this way. The patent will expire in 17 years, but the copyright is forever...

      --
      ...richie - It is a good day to code.
    17. Re:Ignorance about UIs by Anonymous Coward · · Score: 0

      Patenting UI Design is bad because one of the things that makes a UI Design good is familiarity. By patenting the design Apple effectively prevents its design from becoming the dominant UI. That's bad for users and bad for Apple.

    18. Re:Ignorance about UIs by carou · · Score: 1

      After all, it's just artwork rendered to a display

      And this, ladies and gentlemen, is why Linux programs tend to have horrible, inefficient, incomprehensible, unintuitive user interfaces, even though you usually get to install your choice of about 53 skins for each and every application.

    19. Re:Ignorance about UIs by IWannaBeAnAC · · Score: 1
      ...definitely qualifies as "sufficiently novel" especially given that every different DVD case I see seems to have 4 different patents regarding its disc retention system and the plastic tabs that hold it closed.

      Exactly. Everyone has to come up with their own mechanism for holding the DVD in, microscopically different from their competitors, and none of them work very well (well, presumably one mechanism does work, but I've never seen it and presumably the patent holder isn't licencing it).

      How hard is it to devise a mechanism to hold a DVD in? Surely, pretty easy. But how hard is it to devise a mechanism to hold a DVD, that doesn't infringe on the multitude of patents already issued? Tremendously difficult.

      This is what writing software will be like, if software patents are ever systematically enforced.

    20. Re:Ignorance about UIs by toddhisattva · · Score: 1
      copyrights should cover this

      You expect Apple to trust copyright? Why should they?

      And in a larger sense, why should anyone?

    21. Re:Ignorance about UIs by Anonymous Coward · · Score: 0

      I hope you will repeat this argument in case Microsoft patents something similar.

    22. Re:Ignorance about UIs by 2nd+Post! · · Score: 2, Informative

      Unless I'm much mistaken, Winamp 2.9 first introduced the media library in March 2003; did Winamp 3.0 have the media library? iTunes had this interface in 1.0 in April of 2001.

      Is it obvious? It is now. It may even have been obvious in 2003, when WinAmp introduced it... but was it because Apple introduced it in 2001?

      How obvious is the Windows, Mouse, Pointer interface? Yet isn't it because Apple made it so in 1984 that Windows seems a no brainer?

    23. Re:Ignorance about UIs by ozric99 · · Score: 1

      Take a look here - that's Amiga MUI which dates before iTunes... Besides, Windows' Explorer had this "drill down" UI function about a decade ago - you know, click on a folder and see its items in the right hand pane. So iTunes and Winamp have added a third pane. What if I write an interface that has a fourth pane? Can I patent that?
      Like I said, it's a pretty standard, and very obvious UI solution.

    24. Re:Ignorance about UIs by 2nd+Post! · · Score: 1

      So you're arguing the patent is stupid, but not arguing that iTunes was probably the first media player to explicitly organize the music interface in that manner (this patent, I don't believe, doesn't apply to, say, photos, or videos, or anything other than genre/artist/album/song formatted music.)

      If you can write an interface that uses a fourth pane such that it seems obvious *Duh why aren't all interfaces like this*, I do believe you can and should patent it :)

    25. Re:Ignorance about UIs by ozric99 · · Score: 1

      Sure I'm arguing the patent is stupid - the rest is irrelevant ;) Go to creative driver downloads and take a look at how that (3 pane) page is organised. Go to ATI driver downloads and see the same (3 pane) thing. See Windows Explorer folder view (2 pane) and old MUI stuff on the Amiga (x pane) for other examples. Are they all ripping off the iTunes interface (doubtful as two came before iTunes) or are they merely employing a rather obvious method of UI design?

    26. Re:Ignorance about UIs by Ice_Balrog · · Score: 1

      Winamp 3 did have the media library, and Winamp 3 is older than iTunes.

      --
      #include "sig.h"
    27. Re:Ignorance about UIs by 2nd+Post! · · Score: 1

      Winamp 3 went beta in October 2001, while iTunes was 1.0 at least available in Feb 2001 :)

      So no, Winamp3 is not older than iTunes

  15. Um... by TheSpoom · · Score: 1

    *glances for a second at SCO vs. IBM*

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Um... by Anonymous Coward · · Score: 0

      But the SCO case is about copyright.

  16. Design by Paladin144 · · Score: 3, Insightful

    Good. iTunes definitely has an innovative design. Although Apple bought the basis for iTunes from another company (Cassady & Greene's SoundJam program, which was great), they really took it to the next level...and then the next level after that. I haven't seen an interface for a music app than can top iTunes for power or ease of use.

    1. Re:Design by AKnightCowboy · · Score: 4, Funny

      And the exciting array of themes the iTunes interface supports is awesome. For example, brushed metal, brushed metal, and brushed metal. I haven't been this exciting about brushed metal since Rasterman and Enlightenment.

    2. Re:Design by Anonymous Coward · · Score: 0

      I couldn't agree more, iTunes ROCKS!

    3. Re:Design by Paulrothrock · · Score: 1

      iTunes is lacking features that SoundJam provided. An alarm clock, for one.

      --
      I'm in the hole of the broadband donut.
    4. Re:Design by the_2nd_coming · · Score: 1

      ummm.... a good UI doe snot allow crazy themes.

      you themers a so nuts that if you could, you would change the theme of your appliances.

      --



      I am the Alpha and the Omega-3
    5. Re:Design by AKnightCowboy · · Score: 1
      you themers a so nuts that if you could, you would change the theme of your appliances.

      Now THAT would be cool. "Honey, I'm sick of this basic white theme for the kitchen, how about we buy the Aqua theme for our appliances."

      Now, don't get me wrong, I don't care if they have one theme, but I absolutely HATE brushed metal. I much prefer the Aqua interface.

    6. Re:Design by Electric+Eye · · Score: 1

      Ah, SoundJam. Man, I wish that was still being developed. I like 1lights, and man the plug-ins for SJ MP were awesome. For iTunes, you get um, one, psychadelic, boring plug-in. Unless I'm out of the loop and there are as much as for SJ.

    7. Re:Design by Sri+Lumpa · · Score: 1


      Some do, it's called case modding.

      --
      "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates,
  17. Asshole comment by Anonymous Coward · · Score: 0

    Why do you care? Do you own apple stock? Or are you just an apple fanboy looking to "protect" apple?

    I'm not flaming (well, just a little by calling you an asshole, but you have to admit, you deserve it), just curious why you feel the need to worry about Apple's legal battle.

    I understand OS wars, and you might even have a point if Apple ported to Linux, but from a consumer standpoint, this is a *good* thing.

    And I'm a Mac user.

    1. Re:Asshole comment by Hackie_Chan · · Score: 1

      Why do you care?

      Because the fact that another company just blatantly stole the iTunes design that Apple invested years and thousands (perhaps millions) of dollars in research of. They made it, they own it.

      --

      What's so bad about being lazy? What if there was a war and nobody showed up?
    2. Re:Asshole comment by falcon5768 · · Score: 1
      Yet how is this any different than what Microsuck has been doing to everyones (not just Apples) software for the last 20 years?

      And yet people praise Microsoft for doing it

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    3. Re:Asshole comment by Anonymous Coward · · Score: 1, Insightful

      "Because the fact that another company just blatantly stole the iTunes design"

      Designs are copied all the time. Look at the fashion world (which is probably the closest analogy for iTunes). A designer comes out with a line, and its copied by everybody else 6 months later.

      its normal and healthy.

      Besides, you can't even say in words what's so unique about iTunes that it deserves a patent. Avoid using words like "it intuitive", because (a) its not terribly intuitive...its fine, but hardly masterful (b) its not a concrete concept. One man's intuitive is another's piece of crap.

      You're just another apple fanatic fighting the OS battle that was effectively lost 11 years ago.

    4. Re:Asshole comment by Anonymous Coward · · Score: 1, Interesting

      >And yet people praise Microsoft for doing it

      Only suits praise Microsoft for "innovating" (not knowing MS steals most of its stuff).

      Big difference.

    5. Re:Asshole comment by croddy · · Score: 3, Insightful
      the iTunes design is by no means entirely original. it contains elements that we all recognize from Real Jukebox, Musicmatch Jukebox, and Winamp 3... which predated iTunes.

      music players that "rip off" iTunes are certainly not inventive or innovative, but this is hardly a justification for Apple to have a patent on that interface design.

      iTunes, like every modern music player, represents incremental innovations over existing products. the iTunes interface boils down to three elements ... a 3-column library area, a play queue area, and a transport control. the idea that Apple should be granted a monopoly on this interface is outrageous.

    6. Re:Asshole comment by log0n · · Score: 1

      I can't remember anyone here ever praising Microsoft for anything ;-)

    7. Re:Asshole comment by Hackie_Chan · · Score: 1

      You're just another apple fanatic fighting the OS battle that was effectively lost 11 years ago.
      You work for Microsoft?

      its normal and healthy.
      ... no wonder you think it's normal and healthy to steal from others.

      --

      What's so bad about being lazy? What if there was a war and nobody showed up?
    8. Re:Asshole comment by hc00jw · · Score: 3, Interesting
      the iTunes design is by no means entirely original. it contains elements that we all recognize from Real Jukebox, Musicmatch Jukebox, and Winamp 3... which predated iTunes.

      iTunes was originally SoundJam, so although I couldn't find the original release date for SoundJam, the interface may have been developed for longer than you think

    9. Re:Asshole comment by falcon5768 · · Score: 1

      ahh but to the tech dumb public, that is everyone... remember most people still think Real is inovative, the only thing they are inovative at is giving me something to do while I wait for a video to rebuffer

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    10. Re:Asshole comment by croddy · · Score: 1

      fair enough, but SoundJam was a Winamp-alike.

    11. Re:Asshole comment by Anonymous Coward · · Score: 0

      How DARE you not admit that Apple is the be all and end all of all computer related innovation? My name is Ricardo Innuendo, you killed my fantasy about Apple, prepare to die!

    12. Re:Asshole comment by Anonymous Coward · · Score: 0

      You're right. Microsoft lost and apple won the OS wars.

      What could I have been thinking?

  18. Woohooo!!! hooray for Apple and stupid patents by Pacorro · · Score: 1


    What is this ? is this supossed to be good news ?

  19. Here is the patent by angle_slam · · Score: 5, Informative
    The patent number is 6,731,312. The first claim is
    1. A computer readable medium comprising media player application code which implements the following procedures:
    generating in a user interface an application window having a window frame and a plurality of stiles to define a plurality of panes within said frame;
    displaying in a first one of said panes a user selectable index of a plurality of media files;
    displaying in a second one of said panes first selected information for said media files; and
    displaying in a third one of said panes second selected information for said media files
    wherein said second and third panes are each initialized with a selection to view all of said user selectable index of the plurality of media files in said first pane.
    1. Re:Here is the patent by TheHonestTruth · · Score: 1
      This is slashdot. What do the claims have do with anything??

      -truth

      --

      I had a steady B+ in my AI class until I failed the Turing test...

    2. Re:Here is the patent by RayTardo · · Score: 1

      Well, that pretty much covers most software interfaces. Whatever happened to patents not being awarded to blindingly obvious evolutions of other ideas?

    3. Re:Here is the patent by tgd · · Score: 1

      What happened is people on /. repeatedly demonstrating they don't understand how patents work.

      Every later claim narrows the scope of the patent. You always cover it in a broad stroke with the first claim, and keep narrowing down what it is you're actually patenting with each additional claim.

      I'm no expert, but I always assumed it was a way to be able to rapidly determine if a patent impacts an item you're searching for prior patents on. Ie, if you have a player application and it doesn't have those panes working in that way, then you don't need to keep reading, you aren't violating this patent.

      Its like determing if you've got a troll on /.

      1) Is a person
      2) Is on the internet
      3) Reads technical websites
      4) Reads Slashdot
      5) Posts on Slashdot
      6) Posts to enflame on Slashdot

      If you get to claim #3 and its not true, then you aren't infringing the troll patent. :)

    4. Re:Here is the patent by hode · · Score: 1

      How nice of them to translate it into bureaucratize for all the lawyers and government clerks here on slashdot. Your US Patent Office, hero to slashdot minorities everywhere.

  20. Unfortunately... by Jonny+Royale · · Score: 0

    Due to a mixup at the patent office, Apple was instead issued the patent to an unbreakable windows production method....

    /two jokes in one!

  21. New patent by carvalhao · · Score: 3, Funny

    I issue this post as a fair warning. I have a patent request pending on an interface component, called "generic power toggler", which I have ingeniously called "power switch". Anyone found using this innovative and unprecendented interface element will be sued to death

    Thank you for your attention

  22. Moan by Anonymous Coward · · Score: 0

    In corrupt America, corporation patents YOU!

    1. Re:Moan by Anonymous Coward · · Score: 0
      In corrupt America, corporation patents YOU!

      Should that be corporate America? Oh, I see, you're using the short form of the word.

  23. How it is going to effect Rhythmbox by anandpur · · Score: 2, Interesting

    Rhythmbox is looks and feels close to iTune how it is going to effect it. As thay say Rhythmbox is an integrated music management application, originally inspired by Apple's iTunes

    1. Re:How it is going to effect Rhythmbox by LEgregius · · Score: 1

      They would just have to reorganize the UI so that is doesn't match the conditions of the patent.

  24. Re:Woohooo!!! hooray for Apple and stupid patents by callipygian-showsyst · · Score: 1, Troll
    What is this ? is this supossed to be good news ?

    Let me explain /. (i.e, demented, twisted) logic to you:

    If MICROSOFT does it, it's EVIL

    If APPLE does it, it's GREAT!

    Got it!?

  25. Software patents = Land grab by ites · · Score: 4, Insightful

    Software patents are fast becoming the 21st century equivalent of a land grab, in which those with the muscle are laying claim to a resource that has up to now been firmly in common ownership.

    There is only one possible outcome, I believe. This is that every corner of IT knowledge finishes as "property", whatever its origins. This would spell the end of independent software development and (rapidly thereafter) the end of innovation. We are clearly within sight of the day when writing _any_ software without legal backing in the form of a dossier of defensive patents becomes a dangerous sport.

    --
    Sig for sale or rent. One previous user. Inquire within.
    1. Re:Software patents = Land grab by cowscows · · Score: 1

      You'd maybe be right except that the patent system is not a world wide entity, and there are many of places where US or european patents are easily ignored. If litigation and fears of it halt all the innovation in the western world, it'll just be that much easier for other countries to catch up and then surpass.

      --

      One time I threw a brick at a duck.

    2. Re:Software patents = Land grab by ites · · Score: 2, Insightful

      This was going to be the second part of my comment but I truncated it.

      Yes, US patent law does not cover the globe. Large parts of the world operate free from it. But this is not a guarantee of anything.

      At the best, US/EU businesses will find it increasingly hard to compete and will lobby for patent reform. At worst, US/EU business will become more and more dependent on exploiting a captive market rather than innovating to create new markets.

      The US will try to export its standards and regulations world wide. The need for its global partners to play the game or risk trade sanctions means that it's quite likely that patent laws will confirm world-wide except for countries beyond the pale.

      IT will be split into "legal" and "illegal", where use/import of software that is developed outside a government-sponsored framework will be criminal.

      Let me give you a concrete example. A team in India develops a new computer and starts to sell this. A US company claims that it infringes some (US) patents. The Indian company says, "yes, but we're only selling it in India". US government now places this technology on the "banned" list. A cheaper and better product is kept from the US market. Now the Indian government complains that this is acting as an illegal trade barrier. US government says, "fine, we'll allow your technology imports but you must accept our patent laws (and patents!)". You can replay this scenario world wide.

      Honestly, I can't see any mechanism that will stop this from happening. It is a "tragedy of the commons": the more you take now, the richer you will be in the future. Those who do not grab patents, whatever the excuse, will be out of business in 10 years time.

      --
      Sig for sale or rent. One previous user. Inquire within.
  26. Patent Usage by RickHunter · · Score: 4, Interesting

    The real question is, in my mind, what they do with it. If they just use it as a defensive patent, to protect themselves against, say, Microsoft using a similar patent to shut down their music service, then I don't see the problem. If they start using it to try to kill iTunes-alikes, like juk or rythmbox, THEN its cause for alarm.

    Though that leads to a second question - how specific is it? juk, at least, is significantly different from iTunes in practice, even though it looks similar and has similar functionality.

  27. What does that mean for OSS though by Anonymous Coward · · Score: 0
    If interfaces are patented, how can OSS license them? Also, should OSS people be patenting the interfaces that WE Spend our sweat and toil on? Who owns those patents?? Wouldn't that kill forking?

    Is enlightenment patented? Is fluxbox patented? How about XFce? Gnome? KDE?

    If we don't patent, and the proprietary world does, eventually we'll get shut out, as we won't have any defenses in this patent war.

    Patents need revision, end of story.

  28. Lotus 123 and interfaces by RhettLivingston · · Score: 3, Insightful

    I thought that it was decided back in the 1980's wars between Lotus 123 and others that interfaces couldn't be protected? If they could, we'd only have one legal spreadsheet program today because that was their claim, i.e. that they had created the spreadsheet interface concept and owned it.

    1. Re:Lotus 123 and interfaces by RayTardo · · Score: 1

      Yes, that's true - which is why it's so worrying that this patent was awarded.

    2. Re:Lotus 123 and interfaces by stratjakt · · Score: 1

      That was copyright law.

      This is an end run around copyright law.

      Just as the DMCA is an extension to copyright to end run around patent law.

      And there's no such thing as a "defensive patent", no matter how many times slashbots use the word.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:Lotus 123 and interfaces by Mattintosh · · Score: 1

      But this isn't an interface patent, really. There is no such thing as an interface patent. This is a look-and-feel patent which just happens to apply to an interface.

      Lotus 1-2-3 had the look and feel of a piece of graph paper, available for many years at any office supply outlet.

      iTunes has the look and feel of, well, iTunes. Other programs that do the same thing (play music on a computer) have other interface layouts. Winamp doesn't look like iTunes. Neither does Windows Media Player. Lsongs, on the other hand, is fucked. Linspire copied the look and feel of iTunes, knowingly trying to achieve their goals by clinging to Apple's coattails.

      It's not about the interface, really. The interface is just a bunch of buttons, grid panes, scroll bars, etc. Apple will, however, protect the way they put the basic components together.

      The last look-and-feel patent lawsuit I remember from Apple involved FuturePower and their iMac wannabe. Apple's rabid attack lawyers made that company their bitch, and with good reason. A computer that looks as distinctive as the iMac, yet is not an iMac, could damage Apple's reputation if it was poorly made. It's a form of corporate identity theft, really. Pretend to be someone else, then screw their life up royally. Lather, rinse, repeat.

      I don't see why this is a bad patent. Apple is protecting what is rightfully theirs.

    4. Re:Lotus 123 and interfaces by Anonymous Coward · · Score: 0

      All software patents are bad - period. They are the primary weapon in the fight against OSS.

    5. Re:Lotus 123 and interfaces by Anonymous Coward · · Score: 0

      Just because it's Open, doesn't make it inherently good.

      And why is it that all patents pertaining to software are bad? Why shouldn't innovators be rewarded for their work? The only reason I see for disallowing a given patent is interop.

    6. Re:Lotus 123 and interfaces by spacefrog · · Score: 1

      Bullshit.

      For starters, the Lotus/Borland/Paperback lawsuit was centered on copyright, not patents.

      That case made it's way to the Supreme Court where the justices decreed that a user interface is not subject to COPYRIGHT protection.

      In addition, Lotus never claimed to invent the spreadsheet user interface in general.

      In the original versions of Quattro, Borland copied the exact menu structure and exact keystrokes from 1-2-3. Paperback software had a spreadsheet on the market that did the same.

      Both were sued by Lotus based upon that, not the fact that they were spreadsheets.

    7. Re:Lotus 123 and interfaces by TheRaven64 · · Score: 1
      If patents like this really harm OSS, then it deserves to die. iTunes has a very nice UI, which was the result of a lot of care and effort in the design phase. If the OSS movement can do nothing other than produce cheap knock-offs of commercial software then, really, what is the point? OSS should be about innovation, not copying.

      Algorithmic patents, on the other hand, do hard OSS in the same way that they harm commercial software by preventing competition.

      --
      I am TheRaven on Soylent News
  29. It's invalid!!! by Anonymous Coward · · Score: 0

    This has to get thrown out - they mis-spelt "styles".

  30. Back to the Future by The+Ape+With+No+Name · · Score: 4, Interesting

    Just a few reminders of what various slashdotters originally though of the iPod before "iPods are the shiznit" became /. canon.

    "iPod is a good product, but nothing to get excited over." - harlows_monkeys

    "It's not cool at all. It's just another Mac attempt to have the coolest looking, hippest sounding gadget on the market. It adds nothing serious to the current options. For instance, no Ogg Vorbis support (and yes, I realize it probably decodes mp3 in hardware, but...) and it doesn't appear to be cross-platform. I guess this falls into the Dilbert principle of "the best target market is stupid rich people." Since they'll fall for anything and have the money to burn on it." - ichimunki

    "...the "rose-colored glasses that you will need for this to seem like a worthwhile product. What a let-down, geez!!" - david614

    "People need to realize that all apple ever really delivers is mediocre equipment that, while it may look really cool, is less technically advanced/powerfull/whatever than competing products that cost 20-25% less." - greysky

    "A waste of time. Probably OEMed by someone else. Agree with the article poster - Lame. Not only is this a lackluster MP3 unit (which by virtue of being firewire will be limited to Apple Mac owners), but it has virtually no UI wizardry that might define it as an Apple product. A total waste of time." - Ars-Fartsica

    "I'd rather pay $100 for a Rio Volt. 700mb of songs per CD with an unlimited number of CD's, provided you change them. Yeah, this should compete favorably with the solid state units, but they've already lost to the CD-MP3 units, IMO." - Fred Ferrigno

    "I think it'll sell as well as the G4 Cube. Oops. ;-)" - jaoswald

    "And I was all excited they were gooing to release a OS X based wireless web pad. Instead we get yet another portable MP3 player .. "groundbreaking" I think was the term I heard them use to describe this new secret product the other day. How "groundbreaking" can something be when I can walk up the street and buy something with similar (and in some cases, additional/better) features? Sigh. One day Apple will live up to the hype. OS X is cool, and their plastic molding team has skills, but the hardware just sucks." - nebby

    "I am very sad that Apple seems to be repeating the same mistake they made with the Cube - great, nifty product that anyone would love to own, except that it's burdened by an unbelievably poor price/performance ratio." - jchristopher (Apple shareholder)

    "...this was a VERY poor design decision. This could have been a $150 device if they'd used a regular laptop drive." - jchristopher again

    --
    Comparing it to Windows will be a moot point, since El Dorado is going to have a 40% larger code base than XP.
    1. Re:Back to the Future by Schnapple · · Score: 2, Interesting

      Well, go back and see what people said about TiVo back in the day (as in the device or the generic PVR concept). IIRC, the iPod was the first to use a hard drive and people thought they were crazy - it wasn't until widespread use that the whole brilliance behind the concept became apparent.

    2. Re:Back to the Future by kitzilla · · Score: 2, Funny
      For whatever it's worth, I nominate the parent as the best post (so far) of 2004.

      From Slashdot's 1876 archives:

      "Alexander Graham Bell's fancy new 'telephone' is destined to be remembered as the biggest bust in recent memory. It lacks telegraph support -- what's up with that? And the price! Just goes to show you Bell's customers will pay for whatever pretty-looking crap he puts out. Carrier pigeons do exactly the same thing as this new-fangled telephone for dollars less. Bell's labs can't be long for this world ... "

      --
      This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
    3. Re:Back to the Future by huchida · · Score: 4, Funny
      I'm afraid you're being awfully short-sighted. All of those quotes could still turn out to be correct... Just because the iPod is doing well right now, doesn't mean it won't fail miserably at some point in the future.

      On a related note, Apple is doomed. They signed their own death warrant when they decided to only have one button on the mouse. I don't see the company surviving past 2012, and I'd recommend everyone who owns Powerbooks should smash them against the wall now before they're laughably obsolete.

    4. Re:Back to the Future by stang7423 · · Score: 1

      No thank you. I'd rather smack my powerbook against your thick head. :-)

      Yes, eventually the ipod will no longer sell as well as it has been, the same way as rotary phones no longer sell very well (borrowing from the Alex Bell post above). Somebody will make a better product, who knows maybe apple again. But still that better product will not take away from the fact that the iPod is and always will be known as a great success. look at the sony walkman, it was THE hot product when it came out. Since they don't sell well now you are going to tell me they are a miserable failure.???? That logic makes absolutely no sense to anyone with a reasonable head on his/her shoulders.

      Now as for the whole powerbook one button thing, your still crazy. I have used both pc and Macintosh laptops, I'm writing right now from my 12" powerbook. I actually find the one button trackpad with keyboard modifiers much more comfortable to use than the two button track-pads. Having to press one of the two buttons often puts my had in awkward positions on PC laptops. On the powermac I can be at any location on the trackpad and still have easy comfortable access to the mouse button. Plus I was blessed at birth with two hands by some genetic mix-up so I have the ability to press the ctrl button while mousing to bring up a contextual menu.

    5. Re:Back to the Future by Anonymous Coward · · Score: 0

      I dont' see what is wrong with their claims, the ipod is still an overrated, over priced and under preforming mp3 player.

      Minus the OGG comment, the dibert line still holds true. There are lots of other MP3 players out there that offer more features at a better price.

    6. Re:Back to the Future by huchida · · Score: 1

      Did you miss the "funny" tag, or are you otherwise lacking in the ability to detect sarcasm?

  31. Another bozo with a keyboard by Anonymous Coward · · Score: 0

    " Good. iTunes definitely has an innovative design."

    Describe what is innovative about this design. Be exact. Avoid phrases like "its intuitive".

    And why you think the positions of buttons in a window is a good thing is a mystery known only to the hardest of the hardcore Apple fanboys.

  32. Good! by RyuuzakiTetsuya · · Score: 1

    They can have that interface. I dont' like it. It's music playing software. Granted, it has burning capabilities and an interface to the ITMS, but I like my music players sleek and simple.

    Now if AOL/NullSoft patents the WinAmp interface, then I'll be pissed.

    --
    Non impediti ratione cogitationus.
    1. Re:Good! by TheRaven64 · · Score: 1
      but I like my music players sleek and simple

      iTunes looks pretty simple to me...

      --
      I am TheRaven on Soylent News
    2. Re:Good! by RyuuzakiTetsuya · · Score: 1

      I can run winamp in a way where it's not rendering anything to the screen and being controlled by keyboard.

      now THAT is a flexible interface.

      --
      Non impediti ratione cogitationus.
    3. Re:Good! by TheRaven64 · · Score: 1
      Close the iTunes window (or hit command-H to just hide it) and it doesn't render anything to the screen. If you've got a keyboard with media control buttons then you can control it from the keyboard. If not then you can still control it from AppleScript. Which, by the way is very easy, for example you can pause it with this script:

      tell application "iTunes"
      pause
      end tell
      This means that you can control it from any program that can fire AppleScript events or from a dedicated script (which can even have its own UI). Using folder actions you can (with 5 lines of script) have it do something when a file is added to a particular folder, or a folder is browsed.

      I have Romeo configured to pause it when I get a phone call or when I walk out of bluetooth range with my mobile. Now THAT is a flexible interface.

      --
      I am TheRaven on Soylent News
    4. Re:Good! by RyuuzakiTetsuya · · Score: 1

      I use windows. What the hell good is applescript going to do for me?

      --
      Non impediti ratione cogitationus.
  33. Text widget by ManFromAnotherPlace · · Score: 0, Offtopic

    Just a few days ago I've created a simple textfield widget with an "X" icon next to it so you can clear its contents with a single click. Should I avoid distributing it, since iTunes (and other Mac apps) contains such a widget? And yes, it was inspired by Apple's design.

  34. You're just roiling the apple fanboys by Anonymous Coward · · Score: 1, Interesting

    If MS or IBM did this, we'd rightfully calling them stupid, and the patent office idiots.

    But apple does this and people are thrilled. As if their mom's iron lung depends on Apple getting the software patent.

    Really just plain stupid. From every possible angle.

  35. Beautiful post! by exp(pi*sqrt(163)) · · Score: 1

    The title says it all but I have to write this crap in the comment field to make /. accept it.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  36. Interface Patents are The Least of Users' Concerns by lotsofno · · Score: 3, Interesting

    As intuitive as iTunes' interface may or may not be, that helps little for the many people who've found the application to be too slow or CPU intensive on their PCs. I'm sure there are some who can provide their own anectodal evidence pointing to the contrary, but iTunes is still a memory hog for many others.

    Similar programs like Foobar or Winamp 5 barely slow down people's systems, and can even be configured to run MUCH faster. Their file sizes are also noticeably smaller. You could argue that iTunes does much more with it's iPod support, but Winamp's connectivity with the iPod is just as seamless and even has features iTunes lacks. Foobar also sports a formidable iPod plug-in.

  37. Real Networks patent by AtariAmarok · · Score: 2, Funny
    From the article: "A RealNetworks spokesman said his company had not sought any directly comparable interface patents for its 10-year-old media player software, for example"

    Looking at the hideous ad-plastered screen for their Real Player, I'm surprised that Jeff Gordon hasn't sued them instead for patent violation.

    --
    Don't blame Durga. I voted for Centauri.
  38. How far does this go? by JFitzsimmons · · Score: 1

    Does this mean that XMMS ripped off Winamp?

    --
    Beware he who would deny you access to information, for in his heart he dreams himself your master. -Anonymous
    1. Re:How far does this go? by redJag · · Score: 1

      Yes, in fact they did.

  39. The UI by Mr_Silver · · Score: 1
    I find it interesting to note that iTunes under Windows completely ignores the styleguides that Microsoft have.

    Yet, Office for Mac adheres to Apple's styleguides.

    Whether you think the Windows styleguide sucks or not isn't the issue - one is there for a good reason and I don't see why a company should feel the need to ignore it.

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
    1. Re:The UI by Mattintosh · · Score: 2, Interesting

      iTunes for Mac ignores Apple's HIG*. Apple is an equal-opportunity HIG-ignorer. In fact, Apple has been making it a point to abuse and destroy HIG's everywhere.

      What I don't understand about the Windows HIG is why everything is set up for lefties. With the kind of marketshare Windows has, it should be for righties, not to mention the fact that most lefties prefer MacOS. And stupider still, in light of the "lefties prefer MacOS" thing, MacOS is set up for righties! WTF!

      * HIG stands for Human Interface Guidelines.

    2. Re:The UI by bobdinkel · · Score: 1

      I'm probably stating the obvious, but I believe Apple had two reasons for ignoring the interface guidelines for Windows. First of all, I think keeping the Windows version as much like the Mac version made porting easier. Secondly, I suspect it was an attempt to give PC users a taste of what the Apple experience is like. Unfortunately, I suspect they failed in that regard. See Quicktime for Windows.

      --
      A publicly traded company exists solely to make profits for shareholders.
    3. Re:The UI by twbecker · · Score: 1

      Apple has done a little work in this area. I know a big issue to lots of PC iTunes users in the first version was the simple lack of a Maximize function. You had to manually resize the window to fill the screen. They have since corrected this, but I agree there are still other inconsistencies. I absolutely despise Edit | Preferences for example. I guess Apple assumes, probably correctly, that PC users are more tolerant of apps that buck the system than Mac users are.

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    4. Re:The UI by zpok · · Score: 1

      UI guidelines aren't holy. Apple breaks them all over on OS X, and with every new iteration, changes are made.

      Good? Bad?

      Apple before OS X was extremely easy and we'll probably never again go to such a place, but I enjoy OS X, iTunes and all iLife apps. Most changes - I feel - are for the better, and some of the things they've done are just so impressive that I don't mind the usual bad call.

      And while some things in iTunes for Windows could have been done more thoughtfully, I think it's by far the easiest jukebox to use on any system, be it Windows, Apple or Linux.

      Partly that must be because they aren't afraid to question UI guidelines and try to keep improving on them.

      In the end, even with their constant changing of the game, I don't think anybody can better Apple on UI design, and anyway, most guidelines in use today were designed by Apple or ex-Apple employees. That should tell you something.

      --
      I think, therefore I am...I think.
    5. Re:The UI by Anonymous Coward · · Score: 0

      IIRC, the original Mac interface is designed like a page. It starts at the top left corner for things that you immediately need (File, Edit, etc) and ends at the bottom right corner for the trash. It is also one of the reason the menu sticks to the top (and give infinitely wide menu bar... you can just throw the cursor up and you hit the menu bar).

      Windows, OTOH, copied Mac interface, but of course they couldn't do it more blatantly than it was. So, instead of putting the HD on the right side, it puts it on the left side.

    6. Re:The UI by TheRaven64 · · Score: 1

      The OS may be designed for left-handers, but the PowerBook certainly isn't. There is only one control key, on the left had side. This means that, in order to control-click to bring up a context menu, you must use your trackpad with your right hand.

      --
      I am TheRaven on Soylent News
  40. JuK? by bonch · · Score: 1

    And what about JuK?

  41. USPTO should drop all pretenses of checkng patents by theLOUDroom · · Score: 3, Informative

    What become clear to me over the last few years is that the US Patent Office has descended to little more than a registry system, like copyright registration. All a patent really says these days is "I had this idea on this date."

    Personally, I think the USPTO should stop claiming to even attempt to research patents. They should just take your submission, slap a date on it, and stick in their files. The USPTO clearly does not have the resources/desire/ability to verify that everything that crosses their desks are actually vaid patents, so we should quit assuming that they are and let the court system sort it out when necessary.

    --
    Life is too short to proofread.
  42. Microsoft to Make Music Service Changes by mcwop · · Score: 3, Funny
    NEWS

    Microsoft used the South by Southwest Music trade show that ran over the weekend to confirm plans to launch a music service later this year. The opportunity was also taken to show record labels the service running behind closed doors.

    No details of pricing were given, but it has been made clear that Microsoft aims to promote the service almost exclusively through the MSN portal. Users will be able to sign up via MSN and then view the catalogue of available songs for purchase and download. The amount of music that will be available is also unknown, but a Microsoft spokeswoman stated the company is "going to be striving for a large catalogue of music."

    Initially, the user interface was to be copied from the popular iTunes software, but since Apple Computer Inc. has been awarded a patent by the U.S. Patent and Trademark office for the iTunes interface, Microsoft is shifting gears. When Bill Gate's was asked about the situation he reiterated: "Well, I think it's fun to talk about this because the rate of advance is so incredible, and not just in a numeric sense. The whole way that we interact with systems, the way we write software, the way we administer these systems, the way we collaborate, it will be very, very different."

    Microsoft warned that they may have to move operations of their upcoming music store to an undisclosed country, where patent laws do not exist.

    [/parody]

    --

    "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  43. Styleguides suck by Anonymous Coward · · Score: 0
    "Whether you think the Windows styleguide sucks or not isn't the issue - one is there for a good reason and I don't see why a company should feel the need to ignore it."

    Styleguides suck in general. If there is a choice between making the application a lot better by "thinking different", or sticking to arbitary, hoary style recommendations, it is time to ignore the style guide.

    1. Re:Styleguides suck by Anonymous Coward · · Score: 0

      It's not just nerds like you who use software - real people do too. Jeez, if they applied your logic to car design, we'd all have to hide in trees because of the cars careering out of control driven by real people who can't get the hang of the pointy stick steering mechanism that some "different thinking" ner designed...

  44. Re:USPTO should drop all pretenses of checkng pate by jkabbe · · Score: 1

    The USPTO clearly does not have the resources/desire/ability to verify that everything that crosses their desks are actually vaid patents, so we should quit assuming that they are and let the court system sort it out when necessary.

    I hate to burst your rant bubble, but that's always how it has worked. The USPTO is not in the business of saying a patent is "valid" or not.

  45. patent vs. copyright vs. cooperation by Doc+Ruby · · Score: 2, Interesting

    Patents protect a functional product, its composition and slight (negligible) differences. Software, instructions that hardware follows, is a debatable "boundary condition" for patentability, because software "simulates" a machine on another, such as a Turing "universal machine" like a Pentium (or PPC). But an API does not even simulate a machine. It is a specification, data about a "machine" (software or hardware) which interoperates with other machines. Data isn't patentable. It's copyrightable. Why do APIs get patents, rather than copyrights? Why would such a patent (or even copyright) prevent any action other than cloning the API? Even a patented Ford dashboard doesn't prevent GM from making a dashboard featuring the same interface devices, like steering wheel, speedometer and tachometer, so long as the actual parts that deliver those features are electro/mechanically different, or licensed. Why does IT suffer from stricter constraints than mechanics, especially when IT is so free from inherent constraints, to deliver better value at lower cost?

    --

    --
    make install -not war

  46. What exactly did they patent about it? by Anonymous Coward · · Score: 0

    What exactly did they patent about it? No this isn't an attempted jab at Apple so calm down fan boys. I've used iTunes a few times and nothing about the interface strikes me as patentable. Maybe I am missing something.

  47. Longhorn by Anonymous Coward · · Score: 0

    hasnt anyone noticed how much avalon/longhorn looks like brushed metal itunes theme, i know its the ui thats thats been patented, but .... ahh well, guess i should just anticipate my -1 mod or no mod at all!

  48. OSX + refrigerator = ??? by Anonymous Coward · · Score: 0

    A Frigidaire made of brushed metal with lickable, cough-lozenge-style buttons?

  49. lsongs by minus_273 · · Score: 1

    if you want to see a direct knock off look at these lsongs screenshots

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
  50. Re:Finally, software patents are a Good Thing(tm)! by LEgregius · · Score: 1

    Like others have noted, the patent is not on the software. The patent is on the user interface. That has nothing to do with interoperability, writing code to do anything that iTunes does, and it does not constitute patenting an algorithm. Not to mention that it's a very nice piece of software.

  51. You sound way too angry by Anonymous Coward · · Score: 0

    I have a feeling you've been waiting to post this for some time. Pathetic.

    1. Re:You sound way too angry by Anonymous Coward · · Score: 0

      I agree, your feeling is quite pathetic.

  52. Apple Wins... by Anonymous Coward · · Score: 0

    So who lost?

    1. Re:Apple Wins... by Anonymous Coward · · Score: 0

      Free software lost.

    2. Re:Apple Wins... by Anonymous Coward · · Score: 0

      Apple competitors who pooh-pooh Apple's innovations as loudly as possible, while copying them as quickly and quietly as possible.

    3. Re:Apple Wins... by Anonymous Coward · · Score: 0

      Your comment is redundant with the other AC reply.

  53. Re:Woohooo!!! hooray for Apple and stupid patents by Anonymous Coward · · Score: 0

    This was not a troll. You are gay.

  54. Bad for TuneYard by NiKnight3 · · Score: 1

    Given Apple's recent string of threats against their technology, I have to say that things are looking bad for TuneYard because of this.

  55. Re:Interface Patents are The Least of Users' Conce by mcwop · · Score: 1, Flamebait
    ..who've found the application to be too slow or CPU intensive on their PCs...

    I thought PC's were fast? Especially, when compared to those slow MHZ macs.

    --

    "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  56. That's what corps want by Tony · · Score: 1

    Yeah, because I know *I* have the resources to defend myself in court because my programs have an interface that is similar to some corporation's software?

    That's a damned good idea.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:That's what corps want by theLOUDroom · · Score: 1

      Yeah, because I know *I* have the resources to defend myself in court because my programs have an interface that is similar to some corporation's software?
      That's a damned good idea.


      Well, that's something else that obviously needs to change. Right now civil ligitgation is like a no-limit poker game, where once you run out of money for lawyers, you loose by default.
      I think that's something else that definately needs to change, but I still feel that the concept of an organization that can understand the nuances of every type of technology in the world is an outdated concept. There's just too much out there now.
      It would be like the copyright office trying to verify that your "new" song isn't a ripoff on any other song that has come before.

      --
      Life is too short to proofread.
  57. Very common -- SmallTalk and JavaDocs by PatientZero · · Score: 1
    You click on a package and see its classes in the next pane. Click on a class and see its members in the next pane. Click on the member and see its definition in the detail pane.

    Rinse. Repeat. Patent. Profit!

    --
    Freedom to fear. Freedom from thought. Freedom to kill.
    I guess the War on Terror really is about freedom!
  58. Re:USPTO should drop all pretenses of checkng pate by Anonymous Coward · · Score: 0

    "The USPTO clearly does not have the resources..."

    Maybe they ought to be outsourced to India.

  59. Re:USPTO should drop all pretenses of checkng pate by theLOUDroom · · Score: 1

    I hate to burst your rant bubble, but that's always how it has worked. The USPTO is not in the business of saying a patent is "valid" or not.

    They don't have the last say, but they're currently supposed to do supposed to check out applications, and often reccommend changes. It's definately not a "shall issue" short of thing where I hand you a document and I automatically get a patent.

    --
    Life is too short to proofread.
  60. So Windows improved on it by Anonymous Coward · · Score: 0
    "Windows, OTOH, copied Mac interface, but of course they couldn't do it more blatantly than it was"

    So Windows improved on it. The screen icons are located near each other where it makes sense. The trash can is now a recycle bin (a more accurate metaphor, cannot be denied). Also, Windows got rid of the insane GUI blunder on the Mac where you put diskette in trash to eject it. Intuitively, putting a diskette in the trash would wipe all files from it, not eject it.

    1. Re:So Windows improved on it by Anonymous Coward · · Score: 0

      Dis...kette? Whuzzat?

      (Dragging to the trash was but a single way to eject a disk - I believe the Special menu offered an appropriate option. I also recall Command-E doing it - but it's been a while since I've even seen my old Mac Plus...)

  61. Re:Interface Patents are The Least of Users' Conce by Anonymous Coward · · Score: 0

    Somebody mod this troll down. . .

  62. Good for Linspire users by zpok · · Score: 1

    OK, that's a joke, but maybe, just maybe they'll now try and improve on Apple's design, which btw should be every (commercial) designer's goal: improve on popular stuff.

    Increment on existing stuff, make hard things easier and adhere to guidelines if possible. Copying is, well, easy, I guess, and useful sometimes, but what's the incentive for buying Linspire when it's only claim is "we sort of are just like everything else, only uglier and stuff sometimes break, but we're a bit cheaper".

    If Linspire was free as in beer, I'd probably not mind as much, since I like the idea of empowering people without money...

    Disclaimer: I don't really like software patents...

    --
    I think, therefore I am...I think.
  63. Defensive patents becoming less useful by Saucepan · · Score: 1

    You might be right in this specific case, since Apple has to worry about Microsoft and Sony muscling in on their turf, but defensive patents just aren't as useful as they once were. Increasingly, patent action is being initiated by litigation firms that do nothing but buy up IP and litigate it. Since they have no actual business activities to threaten they are immune from patent countersuits. (Cue mouldy old joke about patenting patent extortion.)

  64. You people crack me up. by Anonymous Coward · · Score: 1, Insightful

    How hilarious. First of all, the story this post relates to uses an Apple logo instead of the "patents are evil" spoon, fork and knife logo which immediately caused me to think "I'll bet this article doesn't have the same tenor as all the other rabid anti-patent FUD this site is famous for". Low and behold, the majority of the responses to the article revolve around "Patents are bad...unless people we like have them." Please keep this behavior up, this stuff is even more funny than Bash.org

  65. Re:USPTO should drop all pretenses of checkng pate by jkabbe · · Score: 1

    True. It's not like registering a copyright.

    And the examiners are overworked. That's why there is a bill going through Congress that would raise the cost of getting a patent. The money would be used to hire a lot (like 75%) more examiners.

  66. Re:Finally, software patents are a Good Thing(tm)! by Anonymous Coward · · Score: 0

    I don't think that would matter to the /. crowd if MS did it.

  67. Re:Interface Patents are The Least of Users' Conce by General+Sherman · · Score: 3, Insightful

    But, on the mac it takes next to no CPU time. This is just a problem on the Windows version. So what? You have plenty of choices, and as you said, they work with iTunes. You don't have to use it. Some people decide to use it despite it's speed because the UI is just that great. I think that says a lot about Apple's design.

    --
    - Sherman
  68. Software patents are a BAD Thing (TM)! by Anonymous Coward · · Score: 0
    Like others have noted, the patent is not on the software. The patent is on the user interface.


    This is Bad News (TM).

    Because if you can patent a user interface,

    Microsoft will be patenting all new user-interface features of Microsoft Office.

    Website designers will be patenting every page of their website.

    Game designers will be patenting entire genres of games. Yet-another-sequel-to-Halflife will be patented and then used to sue Yet-another-sequel-to-Doom.

    Radio manufacturers will be patenting the layout (user interface) of the buttons and knobs on radios

    DVD manufacturers will be patenting the layout (user interface) of the buttons and knobs on DVDs and the on-screen menu interfaces of their devices.

    Boombox manufacturers will be patenting the layout (user interface) of the buttons and knobs on boomboxes

    Oscilloscope manufacturers will be patenting the layout (user interface) of the buttons and knobs on oscilloscopes

    Television manufacturers will be patenting the layout (user interface) of the buttons and knobs on televisions and the on-screen menu interfaces of their devices.

    VCR manufacturers will be patenting the layout (user interface) of the buttons and knobs on VCRs and the on-screen menu interfaces of their devices.

    Etc, etc, etc, ad nauseam

    The Patent Office will be swamped with these kinds of frivolous patents now that they've cracked open the door.

    The only people who will be happy? The lawyers.

    The floodgates have been opened; prepare to drown.

  69. Web Browser? by Anonymous Coward · · Score: 0

    I don't know, but the first time I used iTunes I thought, "Wow, you use it like a web browser!"
    Or is this just me?

  70. Patent Denial Of Service by Tony · · Score: 1

    Then let's play the game their way. Let's grab some patents ourselves; it's time to patent everything we can and donate to the FSF (or some other entity that will safeguard Free Software Patents) under a GPL (general patent license).

    Let's DOS the patent office with requests; it's time to start patenting *every*-fucking-thing, from mail filters to user interfaces. Got a nifty new P2P algorithm? Patent! A new filesystem? Patent! A cool new interface? You know the drill.

    At this point, the only defense is a damned good offense. If SCO has taught us anything, it's that we're naked to corporate attack. The only thing protecting us from SCO is their own lack of evidence. It's rather difficult to infringe copyright without intentionally infringing copyright.

    In the case of Patents, you can infringe without realizing you are infringing; something obvious that has been patented is just as taboo as something truly ingenious.

    So let's get to work.

    --
    Microsoft is to software what Budweiser is to beer.
  71. So does this mean... by d34thm0nk3y · · Score: 1

    Software patents are OK this week since Apple did it???

  72. Apple failed it by Anonymous Coward · · Score: 0
    "(Dragging to the trash was but a single way to eject a disk"

    Yes, there were other methods (such as jamming a bent paperclip in a pinhole) besides the most intuitive way: pressing an eject button by where the disk is inserted. For some reason, Apple forgot this one.

    What part of "easy, intuitive disk ejection" did they not understand?

    1. Re:Apple failed it by Anonymous Coward · · Score: 0

      That whole properly unmounting the volume bit. Under windows, when you closed the disk window, for all intents and purposes, it was unmounted. Not so in the mac OS

  73. They've patented Stile by karlandtanya · · Score: 1
    www.stileproject.com


    cut and paste if you *really* want to...

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
    1. Re:They've patented Stile by balthan · · Score: 1

      Ooooohhhhh....so THAT's what you do with URLs...

  74. Re:Interface Patents are The Least of Users' Conce by IamTheRealMike · · Score: 1
    They are until you drag in half a ton of the Mac API in order to start an app.

    It's entirely possible to make a fast, responsive music playing application for Windows. Apple did not. That says everything about Apples software engineering and nothing about respective hardware, basically ...

  75. Let's Patent the General Shape of Everything by Tritoph · · Score: 1

    They patented the GUI, correct?

    Why not patent the shape of a car? It's the same thing.

  76. Our patent system is a revolving door... by Lodragandraoidh · · Score: 1

    If the forms are filled out completely, you can be sure to get your patent approved:

    Prior art? Who cares? We can make more money by charging for all these patents!

    Let the parties work it out among themselves in court... (*sits back and counts patent fee monies*)

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  77. Wouldn't matter... by sultanoslack · · Score: 1

    It wouldn't really matter since the command line has been around much longer than the lifetime of patents. Remember -- patents do expire -- I think the lifetime is 20 years in most countries.

  78. The iPod's UI was built by a person, not a company by lepton80 · · Score: 1


    If the OSS community wants to build programs with good user interfaces, they're going to have to court the best UI people somehow..

    Tony Fadell rings a bell.. (Senior Director, iPod & Special Projects, the guy who designed the thing)

  79. Re:Interface Patents are The Least of Users' Conce by Anonymous Coward · · Score: 0

    Slightly slower, but beautifully designed interface, or an ugly, incredibly confusing interface. Take your pick.

  80. Patent everything? by ites · · Score: 2, Insightful

    One small catch. You need a lot of money.

    Doing all the paperwork yourself (and you must be a patent lawyer), budget $1000 per patent.

    Paying a patent lawyer, for searching and filing, budget $10,000 per patent.

    Defending a patent against violation and/or contestation, budget $100,000 per patent.

    These are minimal figures. You can go much higher.

    Now add the fact that your patent portfolio is like a hand of cards. Even if you invest in (say) 20 excellent patents, you are unable to compete against a company that has 200 patents, of which you may be infringing 50.

    Software patents are a game where you can not really compete unless you are a large player.

    --
    Sig for sale or rent. One previous user. Inquire within.
    1. Re:Patent everything? by ele · · Score: 1
      Actually, you don't need to be a patent lawyer or have any other special qualifications to apply for and prosecute a patent on your own invention. The procedures and fees are documented at the USPTO web site. You have to pay the application and maintenance fees and you would need a lawyer to defend it in litigation.

      From the USPTO's MPEP, section 401:


      An applicant for patent may file and prosecute his or her own case, or he or she may be represented by a registered attorney, registered agent, or other individual authorized to practice before the Patent and Trademark Office in patent cases.
  81. That is funny... by Anonymous Coward · · Score: 0

    Who would want to patent such an ugly and useless UI?

  82. The main difference... by Mitchell+Mebane · · Score: 1

    ...being the fact that iTunes looks slick and Lsongs looks like shit. Other than that, yeah, it is a near-perfect rip-off.

    --

    The roots of education are bitter, but the fruit is sweet.
    --Aristotle
  83. Re:I love Apple! by Anonymous Coward · · Score: 0

    me too!!!

  84. Mac users are more demanding by rjung2k · · Score: 1

    If Office for Mac didn't adhere to Apple's UI guidelines, Mac owners would be sufficiently pissed off to avoid buying the product.

    Windows users, on the other hand, are so used to craptacular interfaces that one more from Apple wouldn't make a difference.

  85. pfft by Ender+Ryan · · Score: 1, Insightful
    Gent bent... No, really. It's a ridiculous patent, and you shouldn't fucking encourage this kind of ridiculous bullshit from the patent office.

    There is nothing original about the iTunes interface. Is it a good interface? Sure. Is it new? Sure, in it's _exact_ implementation. Is it original? Not by a fucking longshot. There have been other media players that allow you to view music by artist, genre, etc. That's part of the point for meta-data in media files in the first place for fuck's sake.

    Do I think lsongs is a blatant ripoff? Sure, except it kind of looks like shit, and they should take screenshots running a better theme... But let it compete on its own merits, dammit!

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  86. Patents Are EVIL! by Anonymous Coward · · Score: 0

    Oh wait, this is an Apple(TM) aticle. Patents are good when they are from Apple(TM)! We all know how user interfaces are an "Think Diffrent"(TM)(TM)(TM) innovation that can only come from Apple(TM)!

    But if Microsft ever does this we will rant on how EVIL Microsoft and patents are!

  87. But imitation is the sincerest form of flattery! by WebCowboy · · Score: 1

    As an example - if someone made a car that looked very much like a Jaguar, but cost a third as much and had more commodity parts under the hood, and started selling it as the Panther. That's very obviously wrong, and even those theme-makers will probably agree.

    You mean something like this and this? Guess it's not always wrong as long as you aren't misrepresenting yourself.

    I think that more often than not there is nothing wrong with imitation at all. It seems to drive down prices for end consumers and foster more rapid innovation. Linux brings together the best of UNIX, MacOS and MS Windows at the lowest price point possible for example. If patents, copyrights and trademarks were abused to the extreme to protect every little idea, how much innovation would market leaders have to meaningfully improve their product?

  88. What's wrong Ape? by Anonymous Coward · · Score: 0

    Didn't want to login to post that?

  89. Very true by Galvatron · · Score: 1

    I'm certainly not going to defend the idiocy of the drag to trashcan idea, but I did once get the file directory portion of a floppy disk overwritten under windows because the previous disk had not been properly unmounted. So my disk now thought it had the last person's files, and everything was garbage.

    --
    "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
  90. Gestalt by Ilan+Volow · · Score: 2, Insightful

    Since it has lesser parts in it

    A good designer knows that the whole is greater than the sum of its parts.

    Patents are necessary because, barring any political or economic issues, they keep the bad designers (or unix geeks) who don't understand this essential concept and who only think in terms of parts from hurting the general public.

    --
    Ergonomica Auctorita Illico!
    1. Re:Gestalt by vought · · Score: 1

      I've never said this before, but...

      Mod parent up.

      This guy gets it. Why do all the investigative work, millions of dollars in interface work and even more investment in UI testing to have someone rip off you interface two weeks after you release?

      Having done UI work and hired UI consultants before, I've seen the amount of work it takes to get a consumer-facing product sorted out. Having a properly designed product reduces support calls and increases adoption - especially for a free product like iTunes.

  91. A Patent from Apple....Good or Evil? by aerelorn · · Score: 0

    S: I must warn you this is a patent.

    H: That's bad.

    S: But it's from Apple!

    H: That's good.

    S: The patent is clearly frivolous.

    H: That's bad.

    S: But it's for iTunes!

    H: That's good.

    S: iTunes contains Sodium Benzoate.

    H: ...

    S: That's bad.

  92. Where's the knife, fork, spoon icon? by Anonymous Coward · · Score: 0

    Oh right, Apple patented it so it can't be frivolous.

  93. iTunes Just Copies Media Center? by meehawl · · Score: 1

    I don't get it. Doesn't the iTunes GUI just blatantly copy the old "Z" and Z-alike maxi modes of Media Center?

    --

    Da Blog
  94. its a publication, not a product; shouldnt be... by riprjak · · Score: 1

    ...patentable

    It is starting to get on my admittedly non-US nerves...

    Software companies want it both ways, to retain ownership of the software as "intellectual property" (sic), a publication, but to patent it as if it was an item to be traded; its simple people : if its LICENSED, NOT SOLD then it is covered under copyright law as a publication, if it is an ITEM TO BE SOLD (although possibly licensed to MAKE) it is covered by patent law as an invention.

    To be a patentable invention, in needs to be an INVENTION not a PUBLICATION.

    Bloody hell, this irritates me... By all means, the iPod deserves a patent (Id trademark the appearance too); it is a fantastic device which loosely qualifies as an invention (ok, since it is an assemblage of existing products differentiated by industrial design, there is arguably no inventive step); the software which is Licensed to you (not sold) and, therefore, a publication CANNOT BE PATENTED.

    You cant patent the front page of a bloody newspaper, can you??? same thing!

    end rant :)
    err!
    jak.

  95. Consider the motivation though by michaeldot · · Score: 1

    I disagree with software patents as much as the next code geek, but consider the position where Apple's coming from:

    Dating from the late 1970s - the era of cheaper Taiwanese clones of the Apple II, and proceeding through the mid 1980s - the era of windows-based GUI computing, which computing company has been ripped off more than Apple?

  96. Soundjam MP by Anonymous Coward · · Score: 0

    I still use soundjam MP, even though it requires Classic, for the following features that are still not in iTunes:

    Live mp3 recording from audio in
    sleep timer
    timed alarm playlist

    Apple and their zen software design sometimes don't cover all of the bases. Though generally speaking, iTunes does kick ass.

    -theed

  97. i guarantee you by luekj · · Score: 1

    If microsoft tried to copyright any of its interface we would all be up in arms in fear that they would sue ht emost successfull linux distro

    --
    Many Thanks,

    Luke

  98. When patents can stifle by Phlog · · Score: 1

    But what if they genuinely developed it in parallel, without hearing about your patent?

    How is it fair that they'd have to pay for something they didn't even make use of?

    That's a situation where patents directly harm innovation, rather than encourage it.

    I've had lots of ideas that I've later found out companies bank on. Whenever I see them, the first thought I have is 'cool. Someone actually did it,' not 'awesome. How can I squeeze some money out of this?'

  99. Re:Interface Patents are The Least of Users' Conce by zelphi · · Score: 1

    Had they used native GUI components they could have made the same GUI using a fraction of the CPU resources. Less pretty, but probably 5-7mb of ram instead of 35.