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Apple Sued Over iTunes UI
An anonymous reader writes "It apppears that Contois Music Technology is suing Apple Computer over the UI to its iTunes music software. The suit claims patent infringement over a patent owned by Contois."
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It is a feature of the invention to provide a computer user interface. The interface is for providing a user access to media pieces stored in a media database. The interface is also for controlling a media playing device, like a player piano or movie playing video device, that is coupled to the computer to play the accesses or selected piece of media.
It is another feature of the invention to provide a computer interface that allows a user to display only music that relates to a selected category, like jazz or classical. Where the user is then able to direct the media playing device to automatically play the selected music pieces related to the selected music categories.
A further feature of the invention is to provide a computer interface that allows a user to display music selections that are related only to a selected composer, like Duke Ellington or Gershwin. Where the user is then able to direct the media playing device to automatically play the selected music pieces related to the selected music composer.
Another feature of the invention is to provide a computer interface that allows a user to display only music that is related to a selected artist, like Dave Contois, or your own personal recordings. Where the user is then able to direct the media playing device to automatically play the selected music pieces related to the selected music artist.
Another feature of the invention is to provide a computer interface that allows a user to display only music that is related to a selected song or music piece, like Alexander's Rag Time Band or Andante & Rondo Capriciosso, Op. 14. Where the user is then able to direct the media playing device to automatically play the selected music piece.
A feature of the invention is also to provide a computer system that can access others media recording data bases from other sources like internet or world wide web.
It goes on and on like this. But this is the kicker:
The invention resides not in any one of these features per se, but rather in the particular combination of all of them herein disclosed and claimed and it is distinguished from the prior art in this particular combination of all of its structures for the functions specified.
(Emphasis mine)
Now, that annoys me, because they basically admit that there is tons of prior art for this stuff, and what makes their patent special is that it combines it all. Which would be fine, for example in the case of a "player piano" as they describe. But the iPod/iTunes system hardly describes a computer controlling a media player device to playback media. I would argue the controls for the iPod are , on the iPod itself. All iTunes does it supply music for download and transfer those songs, which are not then played automatically as they so many times describe, but rather are played when selected, and only after the player is disconnected from the computer, i.e. not controlled by the computer.
The ITMS certainly uses their method of selecting media (just like every other media player on the planet), but does not do so to select which songs to automatically play on an attached media device - merely to decide which songs to buy, or in the case of the iTunes software, which songs to transfer. Buying, transferring and playing are different. The patent is for playing.
Personally, I think software patents are ridiculous, but if they want to sue for infringement, it better at least be a match. They only mention the internet (or a remote database) tangentially in their patent, and don't even provide an example. I'm say Apple can take them to court and win.
I was a patent examiner a number of years ago. I knew (and occasionally still keep up with) the promary examiner on this patent. He does good work, and seems to have done alright here. (He actually has an interesting hobby, documented at http://www.bigsteel.iwarp.com/.)
..." including "e) playing the selected song item ... on the computer responsive music device."
A quick reading of independent claim 1 pretty much eliminates any question of infringment, i.e., there is none. It reads:
"1. A computer user interface menu selection process for allowing the user to select music to be played on a music device controlled by a computer
When last I checked, the iPod was not controlled, i.e., told to play a song, by the computer hosting the iTunes software. Without that step, the patent is not infringed. Period.
I want to point out one more thing. The patent in question is not a design patent, but a utility patent. Design patents have identifiers that always begin with "D" and they pertain only to the appearance of something, not to what the patented thing does.
My SoundJam CD has a 1999 copyright date ... you did nothing about it, it seems, until 2005.
"Laches" refers to the doctrine that if a patent holder delays legal action against an alleged infringer for long enough to harm the alleged infringer, the patent holder can't collect damages for infringements that occurred prior to legal action. If the patent holder waits at least six years before suing, the judge will almost always apply laches; in that case, a prevailing patent holder can get an injunction against further infringement but can collect only damages for infringements that occurred between the filing of the lawsuit and the injunction.