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Companies Claim iTMS, iPod Patent Infringement
ryan_fung writes "A Hong Kong based company, Pat-rights, is claiming that Apple's iTunes Music Store is infringing their patent on 'Internet User Identity Verification' and is demanding Apple pay 'a reasonable license fee, 12% of gross sales of iTunes music tracks and iPods.'" (They also claim infringement by eBay, porn sites, and others.) Reader bblazer links to a Register article which mentions both the Pat-Rights claim and another suit entirely. From the article: "Apple has found itself facing a pair of intellectual property challenges that separately claim its FairPlay DRM system and its iPod music player contain technologies to which the Mac maker does not have a right. First up, Lake Forest, Illinois-based Advanced Audio Devices (AAD) alleges its patent, number 6,587,403, for a 'music jukebox,' filed in August 2000 but granted in July 2003, covers the kind of thing Apple has brought to market as the iPod."
Verbatim, the second line of the article is: "Pat-rights named the technology as 'Internet/Remote User Identity Verification', earned a US Patent 6,665,797 therefor, and world-wide patents pending"
now, i'm not a patent lawyer, but since this company is based in hong-kong, and has no worldwide patents, wouldn't that mean that the patent does not apply? or is an overseas company holding a us patent still able to enforce it's us patents from offshore?
Cogito Eggo Sum, I think therefore I'm a waffle
Reading the linked claim made me want to cry. Based on the reasons they say Apple is infringing on their patent, they must have patented password protection. Or at least password protection over the internet. Novel. The article's worth reading though. It made me giggle and tear up at the same time. Not many things do that.
Is it just me, or is it kinda suspicious that these companies are only getting angry now. I mean, iTunes/iPod is new and hip, but it's been around long enough for other companies to notice patent violations earlier. Seems like these companies only decided to file suits once they saw how much money was being made off the idea (whereas their somewhat similar patent was a total waste...). On a first pass, it sounds like silly lawsuits that will go nowhere.
Does anyone else find it incredibly ironic that a Hong Kong-based company is suddenly concerned about patent and IP rights, when China as a whole often turns a blind eye to the whole matter? Yes, I know Hong Kong is a special case within China, but still...talk about a double standard here...
This company is patenting USER LOGINS OVER THE INTERNET ! This is a basic, fundamental technology of today's Internet. Obviously they are full of crap, but how do we stop patent-whoring companies who can steamroller anyone using the US Court system?
Time for Apple's Ninja Attack Lawyers to do something productive! They've been kinda bored and . . . . suey lately. Now they'll be distracted kicking an ass that deserves it for awhile.
Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
The actual patent is interesting to read. Click here to read it
Evolution or ID?
1. Take out patent on "FUD".
2. Take out patent on "Prior art".
3. Profit!
Coming soon to EU member states, unless *you* write to your MEPs and request that they attend (and vote against) the European Parliament's second reading of the computer-implemented invention laws.
From their own website:
"Pat" stands for PATENT, "Pat-rights" means patent rights.
Early in 1995, Founder of Pat-rights, Mr. Philip H.K. TSE visualised Internet as the most promising environment for digital content distribution and began to develop ideas and technologies essential for these changes.
As a result of his long term efforts, several national patents are being issued. And, some of them are being infringed by Global Industrial giants."
http://www.pat-rights.com/
The company's whole business model is built around going after companies over IP.
Darl, is that you?
Paco23
Not in this case. This has nothing to do with suppressing competition, since "Pat Rights" or whatever doesn't have a music download service nor do they manufacture a music player ... they just have a patent. So this isn't an anti-competitive measure at all. It's just a blatant attempt to extort money from a successful company, and that makes it even worse.
... something does need to be done about software patents. As in "eliminating them completely." So far as improving the economic health of the nation, or "promoting the useful arts and sciences" goes, or indeed anything other than "enriching the few at the expense of the many" they serve no purpose and should never have been permitted.
But you're right
The higher the technology, the sharper that two-edged sword.
When will a company have the balls to respond to such a patent claim by FedExing a piece of paper containing two words: "Fuck off"?
It's about time someone did something like that in response to this sort of BS.
With spending like this, exactly what are "conservatives" conserving?
Well ... if the courts and/or Congress needed a reason to rethink the whole idea of software patents, this is certainly a good one. So they want to force Apple to license their "patent", and pay a twelve percent fee for the privilege. Is that off the top or after taxes? Either way, that would probably eliminate any incentive Apple would have to continue in that market. *poof* No more iPods, no more iTunes ... probably no more portable music players since this outfit would presumably go after anyone else in that market if they are successful with Apple.
... what would you bet that the RIAA would buy that patent outright, and only license "oligopoly friendly" players after that?
In the same vein as Microsoft's indirect funding of SCO to make trouble for the competition, Apple should follow the money here too. Is this strictly about enforcing a probably-bogus patent in order to extract money from a successful company (can you say, "submarine"?) or is this an attempt by a third party to bring Apple to heel. Seems kind of fishy right on the heels of the RIAA wanting to jack up iTunes prices. In fact, speaking of the RIAA, and assuming that Apple were to lose this case
The higher the technology, the sharper that two-edged sword.
What makes you think that is deserving of a patent? Are companies going to stop trying to make their interfaces better just because they can't stop others from taking their UI ideas? That hasn't stopped anyone so far. How exactly does being able to do one thing and then just sit back forever better (in terms of encouraging progress in arts and science) than being forced to keep on innovating in order to stay ahead? What do you think the state of spreadsheet software would be like today if someone had patented the whole concept of laying out data in the form of, well of a spreadsheet?
People who deal in the industry call it IP. It's only a stupid Slashdot meme that "IP is meaningless".
It may be pedantic, bad politics, or (frequently, here) misinformed, but distinguishing between different types of rights bundles granted by the state is not "onlya stupid Slashdot meme". The state granting those rights does the same, and one way to oppose those who wish ideas to become perpetual cash fountains is to point out the concepts, law and history that underpins the reasons why the state grants those rights in the first place. Of course, to do so, one must explain the difference between different types of things that fall under the umbrella term "IP".
Um, would you care to explain what exactly is wrong with the construction "it is [adj] to [verb]I forget what 8 was for.