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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."

59 of 278 comments (clear)

  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!

  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.

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    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.

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    3. 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

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    4. 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.

    5. 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.

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

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

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

    MS pioneered it long ago.

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    1. 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?

  5. 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.

  6. 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.

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    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 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.

      --
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    3. 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.

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

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    1. 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.

  8. 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.

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    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.

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    2. 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.

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    3. 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?
    4. 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?

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  9. 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.

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

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

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  11. 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 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.

    2. 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.

    3. 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

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    4. 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.

    5. 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.

    6. 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.
    7. 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?

  12. 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.

  13. 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.
  14. 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

  15. 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

  16. 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.

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    1. 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.

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  17. 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.

  18. 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.

  19. 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

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    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 ... "

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    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.

  20. 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.

  21. 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.

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  22. 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.

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  23. 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]

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  24. 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.

  25. 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.

  26. 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?

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    make install -not war

  27. 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.

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    - Sherman
  28. 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

  29. 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.

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    Sig for sale or rent. One previous user. Inquire within.
  30. 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.

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    Ergonomica Auctorita Illico!