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Apple Sues Burst.com in iTunes Patent Dispute
An anonymous reader writes "Burst.com, a patent holder of many patents covering streaming video and time-shifting of video, has been sued by Apple after license negotiations broke down. Apple is asking the court to invalidate Burst.com's patents. Burst.com is the same company that successfully sued Microsoft over patent infringements. Many comparisons will likely be made of NTP and Burst.com, but Burst.com actually has useful technology, has owned the patents for over a decade, and most importantly, actually had highly regarded products that made use of the patents."
Dude, you're criticizing a Slashdot news summary. A summary on Slashdot is supposed to contain a blaring headline that may or may not be accurate followed by a body of text that tells a "story." The story should leave on a goofy "cliffhanger" as a lead-in to comments. In this case, ooh, Burst has had the patents for a decade, ooh, they've made apps! What will happen! Ooh! Cliffhanger! It's all for page hits and ad rates.
"Sufferin' succotash."
1. Apple developed the iPod, iTunes and FairPlay to all work seemlessly together. Other companies want in, but Apple wants to provide the complete solution alone. Nothing wrong there. (Think of Ford crying foul if they wanted to use Ferrari engines. Ferrari's not obligated to let Ford use their engines.)
2. Burst.com thinks that Apple is infringing on their patents, so they hit up Apple for a license. Apple thinks their patents are bogus. From the article:
Doesn't strike me to be anywhere close to being the same.
It's not the same shoe. Apple's DRM is based on patented technology that isn't obvious. That's what's called an invention.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
I think there's some confusion over the definition of "streaming" and what the technology in dispute actually is.
The QuickTime Plugin had "progressive download" type streaming from day 1, which meant movies embedded in web pages could begin to play almost straight away, even though most of the content was still to be transferred. If the buffer stayed ahead of the playhead, a good experience resulted.
This in my view was more useful than normal style streaming, where given my haphazard connections over the years, made long pauses, freezes and drop-outs a regular part of the experience, whether on Real, WMP, or QuickTime.
However, although I've RTFA, I'm unclear what type the "used in iTunes and iPod" phrase means. I thought iTunes just embedded QuickTime and used progressive caching, which means Apple was there first, patent or not. I'm just thinking out loud. I equate true streaming with DRM - it restricts my use of the content.
Obvious or not, it is not an specification for an actual physical device. There used to be an understanding when it came to pure mathematics and sciences, mathematicians and scientists develop science and mathematics through grants given to them from the government, and in return, science and mathematics was not patentable, because to make that kind of knowledge patentable inhibited the free market (because it stopped inventors of actual devices from making progress using these results). Today, we can patent mathematics in the form of software, and surprise surprise this is inhibiting the free market.
If it isn't a design for something I can hold my hand out and touch, it shouldn't be patentable. Now as for who should win here, well as much as I hate them, Apple should. But legally, I don't think they stand much of a chance. The laws that the software industry cartel bought from politicians in the US seems to me to support Burst and I don't think Apple have a case.