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Apple's Billion Dollar Patent & Other Stories From Patentland

DECS writes "It has been widely reported that Apple secured a patent worth a "billion dollars." According to a patent attorney involved in the issue, Apple will be "after every phone company, film maker, computer maker and video producer to pay royalties." The good news is that all the news reports were based on misleading hyperbole. " Don't let the title fool you; the essay is a good background on patents, the horror stories of some of them but also why companies feel compelled to seek patents as a business "safety" precaution.

130 comments

  1. So they did it? by DorkusMasterus · · Score: 5, Funny

    Apple patented porn?

    1. Re:So they did it? by LiquidCoooled · · Score: 5, Funny

      Not quite, but they did manage to get a patent on the clickable touch sensitive nipple interface.

      --
      liqbase :: faster than paper
    2. Re:So they did it? by agent+dero · · Score: 2, Funny
      --
      Error 407 - No creative sig found
    3. Re:So they did it? by Anonymous Coward · · Score: 2, Funny

      "Squeeze the sides to launch exposé and more"

    4. Re:So they did it? by Anonymous Coward · · Score: 0

      one or two "buttons"

  2. Correction... by Anonymous Coward · · Score: 0

    It's worth one MILLION billion dollars!

  3. Press Releases by The+Zon · · Score: 4, Funny

    "Apple Attorney Secures Patent For Film, Phones, Computers" If somebody had actually pulled this off, putting out a press release seems almost humble.

    --
    Some attitudes replaced or by cgi optimizes
    1. Re:Press Releases by MECC · · Score: 3, Insightful

      Actually from here 'Starkweather wrote the patent in 1996 for a Vermont inventor who originally didn't show interest in patenting the idea or understand its value. The concept consisted of a desktop computer holding multiple songs with an interface allowing a hotel guest to select three songs and play them on an electric grand piano. Starkweather saw the broader value and broke the patent into three elements; remote music storage, selection of music to download and playing music on a music device. Starkweather realized that downloading movies was an obvious variation to downloading music. It was data manipulated in the same way. "Sometimes it's easy to break an invention down to its key components," Starkweather says. "That's why patent writing is an art, not a science, and requires creativity."'

      I would correct Starkweather's last statement to be "That's why patent writing is a dark art, and requires the surrender of all ethical bounds checking".

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    2. Re:Press Releases by modecx · · Score: 1

      Starkweather realized that downloading movies was an obvious variation to downloading music.

      You see, even the patent author thought downloading movies was an obvious variation to something that's already pretty obvious, so, how did this stupid patent get approved?

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    3. Re:Press Releases by Iron+Condor · · Score: 1

      Wait - so all it takes is for me to point out that I've downloaded porn clips from usenet before 1996 and the whole thing evaporates into a puff of prior art?

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    4. Re:Press Releases by WilliamSChips · · Score: 1

      Well, no, because the Priors are generally associated more with fire than puffs.

      --
      Please, for the good of Humanity, vote Obama.
    5. Re:Press Releases by Anonymous Coward · · Score: 0

      No, you need to demonstrate that you _published_ the fact that you downloaded porn clipse from usenet before 1996.

      Just proving you've done it gets you nothing except maybe not sued - if you're lucky. It doesn't invalidate the patent.

  4. In my opinion by El+Lobo · · Score: 5, Insightful

    In my maybe subjective opinion, if there is one company I would fear in the patent and legal feald, this is not MS, nor Sun nor IBM , but Apple. Apple's legal hounds are legendary by their actions going after even individual users for such small things like "making a MacOS theme for Windows XP", or such things. What could they do for such things like a billion dollar patent... I'm scared.

    --
    It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
    1. Re:In my opinion by bperkins · · Score: 3, Insightful

      Hey mods, just because you don't agree doesn't make it flamebait.

      Apple has shown some very litigious behavior for many years, I think it's a valid point if a bit overblown (and not really relevant if you RTFA, but heck this _is_ slashdot).

      If you think it's not a valid point, why not refute it?

    2. Re:In my opinion by Anonymous Coward · · Score: 1, Informative

      I agree. There are some real ModTards floating around. And I have a feeling the meta-mods are just as bad, fueling a bad situation.

      Disagreeing with a statement and modding it troll = ModTard

    3. Re:In my opinion by evilviper · · Score: 1
      "making a MacOS theme for Windows XP", or such things.

      Microsoft would sue if anybody made a Windows XP theme for MacOS. Luckily for them, NOBODY wants it.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:In my opinion by Free_Meson · · Score: 1
      Apple's legal hounds are legendary by their actions going after even individual users for such small things like "making a MacOS theme for Windows XP", or such things.

      Apple's legal "hounds" would be negligent if they didn't go after people attempting to dilute their trademark/tradedress rights. As a quick rule of thumb, you can assume than any litigation that could possibly be associated with trademarks or trade dress is a business necessity for the company bringing suit. Lawyers are expensive and such litigation targets generally can't pay their own lawyers, much less damages, so Apple loses a lot of money every time they have to squash someone such as the seemingly innocuous user in your example.

      As for going after end users for patent infringement, you might want to look up the first sale doctrine. This particular patent seems more directed at the service providers so it wouldn't be relevant to end users, but in general patent battles are fought between companies rather between one company and another company's past customers. I'm sure there's an exception somewhere and at some point someone has no doubt tried to play tricks with accounting and corporate structure to circumvent this part of the system, but in general as a consumer you should not be concerned with anything but copyright violation, which has statutory damages. The most a patentee can get you for is lost profits or a reasonable royalty. That's a few hundred bucks return on a million dollar law suit for just about any consumer device.
  5. The Simpsons already did it. by FunkeyMonk · · Score: 3, Funny

    Did Apple patent the Billion Dollar Bill?

    1. Re:The Simpsons already did it. by Anonymous Coward · · Score: 0

      Actually, it was a trillion dollar bill...

    2. Re:The Simpsons already did it. by Inverted+Intellect · · Score: 1

      Don't be silly. That would be patently absurd. Sorry. I just had to say it.

    3. Re:The Simpsons already did it. by FunkeyMonk · · Score: 1

      D'oh!

  6. Not getting it by AKAImBatman · · Score: 5, Interesting

    The story contains some great facts for people who are unaware, but the author doesn't seem to be going anywhere with it. First he talks about the "billion dollar patent" then goes off on a tangent about IP without ever explaining how any of it ties back into the original issue.

    I'd give it an A for research, but a C- for usefulness.

    Also, what is up with the "we're being censored by Digg" bit at the end? Following his Digg links, it seems like everything is working fine. The only thing I found on the subject was this accusation claiming that Roughly Drafted is trying to game digg. The only thing I can figure is that some of the new algorithms (which favor users who have gotten stories to the front page) killed the stories from getting to the front page. Whether someone is gaming the system or not, he needs more established users in order to get his stories to the front page.

    1. Re:Not getting it by ZachPruckowski · · Score: 3, Informative

      A lot of digg users bury Roughly Drafted stories on site. There's no algorithym change involved in his claims of being censored. Digg users just think he stories are very biased pro-Apple, and also are annoyed because he has dozens of digging sockpuppets.

    2. Re:Not getting it by VGPowerlord · · Score: 2, Informative
      Digg users just think he stories are very biased pro-Apple

      That's probably his stories are very biased pro-Apple. It took me one look at the Roughly Drafted Magazine page a few weeks ago when his site hosted the Leopard vs. Vista article (linked to here on /.) to realize that. I didn't even have to read the aforementioned comparison, because I could already tell what it was going to say. The sad part is, I navigated to the RDM page to find Page 1 of the Leopard vs. Vista review thinking that maybe someone actually did a useful comparison of the two.

      , and also are annoyed because he has dozens of digging sockpuppets.

      I'd think that would be against the Digg rules, but since I've never liked Digg (because its "Digg this" links promote karma-whoring), I wouldn't know.
      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    3. Re:Not getting it by ZachPruckowski · · Score: 1

      I must have written that in a hurry, because I completely agree with you. I'm glad he's off Digg. I'm just saying it was a community reaction as opposed to some sort of TPTB smackdown.

    4. Re:Not getting it by DECS · · Score: 4, Interesting

      Hi - Thanks for the A. I described patent law and Apple's disasterous pit of litigation in 1988-1994 to answer the claim that Apple will, as the patent attorney says, convert from a hardware company to a patent lawsuit machine.

      The www.roughlydrafteded.com site is censored by Digg, not because stories are ranked poorly, but because the system automatically bars URL submissions from sites that have had a given number of submitted articles buried.

      The anonymous poster of your link (ba01162.googlepages) is "Lackawack," a Digg user who announced he would set up a "vigalante army" of fake accounts on Digg and take down any articles that had been submitted from RoughlyDrafted. That was in response to unflattering reviews and general taunting of the Zune.

      That resulted in Lackawack getting his user banned on Digg, but he immediately resurfaced as lackawack2 and started buring old articles that had been on the front page. He also attacked everyone digging any RDM articles. He started keeping a McCarthy list of "suspicious Digg users" who digg RDM articles, which is the page you advertise in your post.

      Of course, if any of those users were fake, lackawack2 could have just submitted them to Digg and the site would ban them. Since he couldn't do that, he just raised a FUD screen of "sounds suspicious!!!" and kept working to bury old stories until enough articles on Digg had been sequentially banned so that Digg blocked further submissions.

      That mechanism is designed to prevent domains from dumping a bunch of junk into Digg, but it is entirely worthless, as plenty of spam anonyblog domains caputure Digg's front page. All the "top 10 lists of stuff you already know" that link to anonymous googlepages full of Adsense, or domains all run by the same group of pay for say astroturfers (some of which have been outted on RDM) happily consume much of Digg's bandwidth.

      The thing is, if you need to repress someone else's speech with your own noise, you're probably lying. I try to contribute original, worthwhile writing on subjects to balance the sensationalist and often poorly thought out press release regurgiations that are much easier and profitable to do. If you don't like my stuff, you can ignore it, but presenting a liar's troll campaign as a credable attack is just lame.

      The vast majority of comments on RDM articles on Digg were very positive. It is only the miniority of anonymous trolls there who want to censor opinions that fail to hail everythign from Microsoft with effusive kowtowing. Digg just has systems in place that allows that type of abuse. That's making it increasingly less interesting to use Digg.

      NewsFactor looks interesting.

    5. Re:Not getting it by stevesliva · · Score: 1
      Digg blocked further submissions.
      I'd call that a bad heuristic. But in a noisy spammy world, there are lots of bad heuristics.
      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    6. Re:Not getting it by Anonymous Coward · · Score: 1, Informative

      RD content was buried consistently due to inaccurate claims made by the author, suspicious activity related to his storys and a refusal to ever correct his mistakes.

      Rather than use the critiques to become a better writer he instead lashed out and cried censorship envisioning some massive conspiracy to squelch his glorified blog.

      This is the kind of garbage he was submitting over and over again:
      http://digg.com/apple/Windows_5x_More_Expensive_th an_Mac_OS_X

      And here we see that Daniel agrees with his own article! "Exactly right" in fact. Tell me that does not have the hallmarks of someone using secondary accounts to spam their articles. I guess he forgot which account he was on at the time.
      http://digg.com/apple/How_Apple_Got_Its_Groove_Bac k

    7. Re:Not getting it by DECS · · Score: 0

      Lackawack, your links don't support the claims you make.

      Windows 5x More Expensive than Mac OS X presents an accurate and fair history of the deliverables of Apple and Microsoft from 2001-2006. The only thing you didn't like about it was that it refuted the wild claim by Paul Thurrott that Mac OS X "costs users something like $750." I presented that not only does Microsoft charge more for retail copies and upgrades of Windows, but that Apple has released five times as many major updates and over fifteen times as many minor updates to Mac OS X since 2000.

      I also presented why Windows costs users five times as much to keep up to date, by figuring in the costs professional users spend on security and adware problems, and detailed what those figures were for readers to consider. That raised complaints from a few Digg users, so I presented a followup article defending the claims using sources that included Consumer Reports and data from Garner Group. I also published letters and comments from readers with views from both sides.

      The less rabid ones told me I had undershot the real cost of Windows, while the typical Windows enthusiast noise was pretty much unreadable gibberish.

      So no, you are wrong, and a liar. That's why you have to post as an anonymous coward. That's also why I don't read your hate mail anymore, because you have nothing interesting to say apart from how you are going to "ruin my career." I don't write as a profession, I do it for fun and to provide an alternative view on some of the worst FUD out there.

      I don't really know where you were going with the article Why Apple Bounced Back, because there is simply nothing to attack, apart from artwork portraying Steve Jobs as FroZone.

    8. Re:Not getting it by Sj0 · · Score: 2, Insightful

      With all due respect, you lose a lot of credibility by dedicating article space to this minor personal spat, and even more by participating in this red herring of a conversation.

      --
      It's been a long time.
    9. Re:Not getting it by Aenoxi · · Score: 1

      Sorry? What? Why does the article author lose credibility for taking the time to answer a question specifically asked here? Is that not what Slashdot is about anymore? Perhaps you might prefer this other site that I'm aware of - it's called Digg. I note that you characterize the issue as a 'minor personal spat' - I'm not sure how accurate that is if it is resulting in significant fall off in referral traffic. Having read TFA, I found it to be well written and a useful addition to the literature on the subject (and, yes, IAAL). Even being charitable I find it difficult to see what value your post adds to anyone.

      --
      "The sum of all knowledge does not imply the knowledge of all sums" Kurt Gödel (paraphrased)
    10. Re:Not getting it by Sj0 · · Score: 1

      The poster loses credibility for using his article as a red herring slam on an unrelated topic. It's petty, and it's unprofessional, and it's a good indication of the integrity of the author and the validity of his articles. His posts here, further using confusion caused by his usurping of the topic at hand as an opportunity to launch into a one-sided tirade about the people he is against.

      It would be like me designing an industrial control system, then on the last page of the manual going "We shouldn't be in Iraq. The war is illegal and immoral". Doesn't matter. We weren't talking about the war, and it'd be damned unprofessional for me to do that.

      --
      It's been a long time.
    11. Re:Not getting it by Anonymous Coward · · Score: 0

      Umm, we're talking about Digg here. Where does "professionalism" even remotely enter into it?

    12. Re:Not getting it by Sj0 · · Score: 1

      We're not talking about Digg here, we're talking about the author of this apple fanzine.

      --
      It's been a long time.
  7. When the revolution comes by Anonymous Coward · · Score: 0

    IP lawyers will be the first against the wall.

    1. Re:When the revolution comes by nurb432 · · Score: 1

      Nope, it will be the citizens of the country. The attornies can already buy their short term safety.

      --
      ---- Booth was a patriot ----
    2. Re:When the revolution comes by Cruise_WD · · Score: 1

      Depends who initiates the revolution - given the increasing number of people joining the legal proffesion, and the consistent bad press they get, some might just sanp and go 'legal'...

      --
      [ cruise / casual-tempest.net / xenogamous.com / transference.org / quantam sufficit ]
  8. it's interesting that they say apple isn't... by jimstapleton · · Score: 3, Interesting

    interested in initiating lawsuits except in self defense from other lawsuits.

    Guess the author never heard of the "FreeType" library, I believe Apple threatened to sue them for the parts of their text rendering engine, that allowed them to effectively do things like antialiasing. Apple also, as mentioned in the article, tried to sue Microsoft for various violations.

    He also never mentioned what the actual patent was about did he?

    The article seems to have very little to do with the title, and the evidence is lackluster for the case, at best.

    --
    34486853790
    Connection too slow for X forwarding? Try "ssh -CX user@host"
    1. Re:it's interesting that they say apple isn't... by gandreas · · Score: 5, Interesting

      Apple never sued FreeType - see FreeType's own account about this myth
      The patents Apple has in TrueType also have to do with grid-fitting of curves, and not antialiasing - basically a way to provide hints to adjust control points for curves on limited resolution contexts, effectively so that you don't have to do any antialiasing (which on a B&W device is impossible).

    2. Re:it's interesting that they say apple isn't... by ZachPruckowski · · Score: 1

      In each of those cases, the patents involved affected only one company (FreeType or MS), whereas this patent threatens the entire phone and digital music industries. It's visible in the image on the right that the article covers downloading music to a computer and putting it on a portable device (most MP3 stores, podcasts, etc), or downloading directly to a portable device (phones). This is a "killer patent", and in my mind, one that has the potential to stagnate the industry until it's killed.

    3. Re:it's interesting that they say apple isn't... by Cruise_WD · · Score: 1
      The article seems to have very little to do with the title,

      From the summary: "Don't let the title fool you; the essay is a good background on patents."

      He also never mentioned what the actual patent was about did he?

      Seeabove, and from TOA: "the clear intent of the press release...was really all about the patent attorney,"

      But, for the sake of reference, one more click gives you:
      "Patent that covers the downloading of music and video with the ability to play music and video on a device."
      --
      [ cruise / casual-tempest.net / xenogamous.com / transference.org / quantam sufficit ]
    4. Re:it's interesting that they say apple isn't... by jimstapleton · · Score: 2, Informative

      I never said they did, I said they /threatened too/, this was a couple of years ago, when the bytecode interperater wasn't turned off. Now they ship it with that functionality turned off to prevent such litigations.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    5. Re:it's interesting that they say apple isn't... by DrDitto · · Score: 1

      it's interesting that they say apple isn't...interested in initiating lawsuits except in self defense from other lawsuits.

      Not really. This is how things are done nowadays...especially in the BioTech sector. Its called "Mutually Assured Patent Destruction". Since it isn't really feasible to do anything without infringing on some company's patent, the best defense against lawsuits is a counter lawsuit. In the BioTech area, you will not get any kind of venture capital funding without a portfolio of patents for defensive purposes.

    6. Re:it's interesting that they say apple isn't... by jimstapleton · · Score: 1

      but given my full comment, it's still wrong.

      Apple /is/ interested in initiating lawsuits, just against people who have no patent shield.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    7. Re:it's interesting that they say apple isn't... by traveller604 · · Score: 0

      How could Apple sue Microsoft. Microsoft owns majority of Apple does it not?

    8. Re:it's interesting that they say apple isn't... by jimstapleton · · Score: 1, Funny

      They do now, doesn't mean they did back then.

      Kindof like we have computers now. Doesn't mean we have always had them.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    9. Re:it's interesting that they say apple isn't... by SoulRider · · Score: 1

      No, what gives you that idea?

    10. Re:it's interesting that they say apple isn't... by traveller604 · · Score: 0

      I was under the impression that Microsoft owned majority of Apple's stock..

    11. Re:it's interesting that they say apple isn't... by Anonymous Coward · · Score: 0

      Well, cease being under that impression, then. Microsoft owned a very small amount of Apple's stock from about 1998 to, IIRC, about 2004, when they sold their shares (at a healthy profit). AFAIK, it was all non-voting stock.

    12. Re:it's interesting that they say apple isn't... by Anonymous Coward · · Score: 0

      This is OT but you could antialias on a B&W display as long as you can control the display sufficiently enough to create lighter tones (by turning a pixel on and off quickly, for example). It's been done on TI calculators.

    13. Re:it's interesting that they say apple isn't... by SoulRider · · Score: 1

      Didnt MS originally purchase the stock as part of a settlement Apple filed against MS because MS infringed (I didnt say steal) on Apples IP and MS lost?

    14. Re:it's interesting that they say apple isn't... by DECS · · Score: 1

      I am sure there are lots of examples we'll never hear about, but can you provide any known examples of this?

      Obviously Apple has to protect its trademarks and copyright, and uses patents to protect its inventions, just like every other company, but when I tried to find recent examples of Apple killing viable products with nonsense patents (which was the premise of the press release issued about the Billion Dollar Patent), I couldn't find any.

      Clearly, Apple could have used iPod patents to attack Creative first and finish off the Zen proactively, but the point I made was that doing so isn't in the interests of companies that are able to sell. It's companies who have been broadsided or become irrelevant who sue over patents offensively. That's why I included the example of Apple's look and feel lawsuit, and remarked about how Apple could have benefitted from their position rather than squandering it with drawn out litigation.

      I think that experience clarified reality for Apple and other companies who watched and learned. Patent suit are generally used by have-nots. I also brought up Linux because it faces credible threats from Microsoft, who'd prefer Linux not exist. As Linux gains ground, Microsoft will be in a have-not position and will likely pull out its patents in order to disrupt things. Without patents of its own, Linux defenders would be screwed.

      --

      PlayStation 3 vs. Xbox 360 vs. Nintendo Wii

    15. Re:it's interesting that they say apple isn't... by DECS · · Score: 1

      Apple had $2 billion in the bank and was worth many billions of dollars when Microsoft paid for $150 million in stock.

      $2,000,000,000 vs $150,000,000.

      Apple didn't need Microsoft's money, which it exchanged for stock worth more than Microsoft paid, but rather a vote of confidence in the market, and a public committment that Microsoft wouldn't continually use the threat of dropping Office for Mac as a constant weapon against Apple. That threat no longer exists.

      Microsoft sold its Apple stock at a profit, but not nearly the profit it would have made had it held it until now.

      So no, Microsoft doesn't own any significant part of Apple, it just makes a lot of money developing Mac software.

      --
      The Secrets of Pink, Taligent and Copland

    16. Re:it's interesting that they say apple isn't... by jimstapleton · · Score: 1

      I already gave an example. Also, you are calling MS a have not, but suggeting that somehow Apple isn't? MS has a lot more than Apple.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    17. Re:it's interesting that they say apple isn't... by tehcyder · · Score: 1
      Kindof like we have computers now. Doesn't mean we have always had them.
      Now you're just being ridiculous.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    18. Re:it's interesting that they say apple isn't... by DECS · · Score: 1

      Apple is currently making fat profits, is expanding, and has huge potential to further expand into new markets.

      Microsoft growth has stalled, and all of its new efforts to expand outside of servers/windows/office have been commercial failures. All. Now its 3 monopoly positions are under attack from Linux and open source: Linux in the Enterprise, OpenOffice and Ajax web apps like Google's, and Linux and alternatives on the desktop. That makes Microsoft a have-not.

      Apple is much smaller, but the company is growing as fast as it can. Its retail stores are going gangbuster, its Mac sales are increasing dramatically, its iPod sales have been off the hook and are not even phased by competition, and its software portfolio is growing dramatically and well received. Apple is even getting noticed in the Enterprise, where even mentioning Apple has previously been taken as nothing short of heresy. Apple is a have.

  9. apple patent by inKubus · · Score: 4, Funny

    This is a novel method of storing data on light and color intensities of a frame of reference, captured with a lens system and matrix of light sensitive transistors. The resulting data is stored in a file called an "Image".

    OR worse

    This is a novel method of representing nothing. In the past, nothing was always something. We propose a special character that represents nothing (the lack of something) to be used in communication purposes. We shall call this character the "zero."

    --
    Cool! Amazing Toys.
    1. Re:apple patent by jimstapleton · · Score: 1

      Good, they we can convert to the more interesting Mayan character for null/nil: a turtle!

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    2. Re:apple patent by MaGogue · · Score: 1

      Or even worse
      This is a novel method of securing revenues from non-production by means of establishing a system for documenting on a first claim basis, cataloguing and categorising basic ideas to be later exploited for securing the mentioned revenues without having to explicitly produce any concrete manifestations. The resulting device is to be called 'vague patent'.

    3. Re:apple patent by Anonymous Coward · · Score: 0

      You should patent that.

    4. Re:apple patent by businessnerd · · Score: 1

      Wozniak's idea for a patent.

      Woz: It's about nothing.
      Jobs: Right.
      Woz: Everybody's doing something, we'll do nothing.
      Jobs: So, we go into the patent office, we tell them we've got an idea for a patent about nothing.
      Woz: Exactly.
      Jobs: They say, "What's your patent about?" I say, "Nothing."
      Woz: There you go.
      (A moment passes)
      Jobs: (Nodding) I think you may have something there

      --
      "It's not whether you win or lose, it's how drunk you get." -- H. J. Simpson
    5. Re:apple patent by Anonymous Coward · · Score: 0

      So... apple just patented half of the world's computer processing power.

  10. Submited by Daniel Eran, the spammer by Anonymous Coward · · Score: 2, Informative

    In case you don't know, this article was submited by Daniel Eran who was caught spamming Digg with his useless articles...

    Check out how he was caught:
    http://ba01162.googlepages.com/RoughlyDraftedBUSTE D.html

    1. Re:Submited by Daniel Eran, the spammer by slashdotmsiriv · · Score: 1

      plus, this story submitter's link (DECS) points to "roughly drafted" ...

  11. Can anyone really patent the download mechanism? by Anonymous Coward · · Score: 0

    How can this be possible?
    I mean, this makes no sense at all.
    This actualy scares me.

    Rui

  12. Thay Did It! (sic) by MrSquishy · · Score: 3, Funny
    phone company, film maker, computer maker and video producer
    Hmm... phone company, film maker, computer maker and video producer.
    It also doesnt exist in "Prior Art".

    My god, they have found 3) ????:
    3) Patent the letter "E"
    4) Profit!
    1. Re:Thay Did It! (sic) by Anonymous Coward · · Score: 0

      So will Dell be OK? They don't use a standard 'E'. :P

  13. Re:Apple got a patent on not playing games by DarkManaX · · Score: 3, Informative

    Wow, you're a bright one aren't you? Take a look at Mac hardware... it's practically IDENTICAL to PC hardware, including that of graphics processors. The problem isn't hardware, it's software companies not willing to port games on mac. And from what I've seen since I bought my MacBook, any games that are on here run so damn well that it's not funny.

  14. Content of the Patent by saxyboy · · Score: 1

    Some info on the patent itself is at: http://www.appleinsider.com/article.php?id=2275 From the article: "The initial concept consisted of a desktop computer holding multiple songs with an interface that allowed a hotel guest to select three songs and play them on an electric grand piano."

  15. To clarify the patent (a bit) by Techguy666 · · Score: 1

    A link within TFA showed:

    "A recent out-of-court settlement between Apple Computer and the owner of the patent that covers the downloading of music and video with the ability to play music and video on a device (technology essential to the iPod and other music and video technology)"

    That's pretty major.

    Here's the link:
    http://biz.yahoo.com/prnews/061130/lath054.html?.v =80

    1. Re:To clarify the patent (a bit) by Kreigaffe · · Score: 1

      Throw that out, prior art ABOUNDS. music and video existed on the internet (and even earlier) LONG before Apple got into the game. The iPod was not nearly the first mp3 player. iTunes was not nearly the first source for searching and downloading music to put on an mp3 player. This is.. dumb.

      Really, really dumb.

      Strangely I feel as if I should go grab my gun, now. Is it time yet, guys?

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    2. Re:To clarify the patent (a bit) by ExploHD · · Score: 1

      "the patent that covers the downloading of music and video with the ability to play music and video on a device"

      Yes, that is pretty major, but it is also VERY broad in the sense that at the time the technology was limited in being able to play songs and video from a computer. I remeber downloading MIDI files to my computer, to listen to, back in 1994, are those covered under this patent as well?

  16. Incentive Misconception by ThosLives · · Score: 2, Insightful

    My favorite is the line in the article about how without patents there would be no incentive for pharmas to, say, develop a new treatment.

    Innovation will always be driven by necessity, not by profit. That, and laziness: if I can invent a cotton gin so I don't have to spend hours and hours picking seeds out of cotton by hand, what do I care if I don't have a patent on it? My life is still simpler. What about drugs? If enough people are getting sick, then people will pool together their resources and develop a treatment. Sure, it might not happen in the same way we know things today, but I think that patents are a form of competition, and I'm beginning to think that cooperation is a more powerful force in economics than competition, despite the prevalent thinking.

    --
    "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    1. Re:Incentive Misconception by 4bznth · · Score: 1

      pharmas will always be driven by profit. When af drug patent is filed it is usually during the 1st, 2nd or 3rd year of development. Making the drug "ready" for the market then takes another 10 years and cost billions and billions of dollars. The most common scenerio - at leats for the big companies is that the company has 5-7 years to earn back all the money used on development. This results is very high prices and licenses. (a patent usually last for 20 years)

    2. Re:Incentive Misconception by evilviper · · Score: 1
      if I can invent a cotton gin so I don't have to spend hours and hours picking seeds out of cotton by hand, what do I care if I don't have a patent on it?

      If it costs you more to develop, than the inital direct benefit to you, then you just won't do it.

      If, however, you know you can sell thousands of them, because your patent prevents other from copying the design you spent so much time/money on, you might just have an incentive.

      This is definately the case with "pharmas to, say, develop a new treatment." After all, one person isn't going to spend hundreds of millions of dollars to develop one single drug that cures one single disease. And any company that does so, will be undercut by another company that can copy them, without paying for all that expensive R&D.

      I'm beginning to think that cooperation is a more powerful force in economics than competition, despite the prevalent thinking.

      What is the incentive in cooperation? What is to prevent one single non-cooperative company (anywhere in the world) from ruining it?
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Incentive Misconception by ThosLives · · Score: 1
      What is the incentive in cooperation? What is to prevent one single non-cooperative company (anywhere in the world) from ruining it?

      Unfortunately, I agree that "powerful" != "practical". What I mean is that consider MS vs Linux vs Apple; if, instead of all the people competing on three different fronts for the "best" OS, what would happen if all those people were working on the same "best" OS? Granted, this is all kind of a "what-if" kind of proposition, but it does bear consideration.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    4. Re:Incentive Misconception by mccoma · · Score: 1

      It gets worse when you think of the insurance / lawyers you have to have (every drug will kill someone) and the number of drugs that do not make it to market. Ask Phizer about the pain of a failed clinical trials cycle.

  17. Re:Apple got a patent on not playing games by crazygamer · · Score: 1, Insightful

    Practically identical to PC hardware but much more costly, which is exactly why I stick to PCs, especially now that you can run OSX on just about any PC. The reason most software companies don't port games to mac is because the audience is so much smaller it's just not worth their time and money.

  18. Re:Apple got a patent on not playing games by DarkManaX · · Score: 3, Insightful

    First of all, any use of OSX on a PC platform is a royal pain in the ass because it requires you to do so many workarounds... why even bother. If you're a person who actually needs OSX (designers, videographers, etc) then you will buy the hardware because you know its worth it. If you don't have a need to use one, yeah, you don't get one... and porting games isn't as big of a deal as people think... there are at least a few companies still dedicated to not screwing over mac users (read BLIZZARD).

  19. Eli Whitney cared by kansas1051 · · Score: 5, Insightful
    That, and laziness: if I can invent a cotton gin so I don't have to spend hours and hours picking seeds out of cotton by hand, what do I care if I don't have a patent on it?

    Eli Whitney, and the U.S Congress certainly cared. Although Whitney was able to patent his cotton gin, the U.S. patent laws at the time (under the first Patent Act of 1790) were so weak he was unable to enforce his patent and nearly went bankrupt. Whitney himself sold few cotton gins as large manufacturers could undercut his prices due to their established distribution chains. The next two patent acts (1810 and 1836) were drafted with Whitney's story in mind and provided greater protection for inventors (Abraham Lincoln's famous "patents are the fuel for the fire of innovation" quote was referring to the 1836 act).

    So, out of all the examples you could pick as to why patents don't matter, Whitney's cotton gin isn't one of them (it is probably the worst possible example).

    1. Re:Eli Whitney cared by ThosLives · · Score: 1

      Ok, so maybe Eli Whitney's case isn't the best to use to support my case; however, my example is that particular device - or something similar - would be invented anyway even without patents. Indeed, your example proves my point there; the cotton gin was invented without the benefit of a good patent system!

      I think as long as people have enough resources and free time, innovation will occur just because some people like to innovate.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    2. Re:Eli Whitney cared by Anonymous Coward · · Score: 0

      The point is that it was invented even though there wasn't a profit motive due to patent law, which is something you stipulated.

    3. Re:Eli Whitney cared by Anonymous Coward · · Score: 2, Interesting

      The cotton gin is the perfect example. After all, it was invented? So the system did not make him rich. BFD. Had he NOT spent his time trying to collect royalties (rent seeking), and instead produced value, then maybe he would have faired better. Back then, the big guys took his shit and ran with it. Add 200 years of reform and what happens: the big guys just take shit and run with it. No matter how clever your patent, if you try to sell something using it, other aspects of your device may be covered by one thousand other patents in the hands of big business. I.e., good luck.

    4. Re:Eli Whitney cared by DamnStupidElf · · Score: 1

      So, out of all the examples you could pick as to why patents don't matter, Whitney's cotton gin isn't one of them (it is probably the worst possible example).

      Not that this article is authoritative, but I have heard similar claims in the past and wouldn't doubt them a bit. Apparently there are several possible inventors of the cotton gin around the time Eli Whitney got his patent. Most likely several people influenced the design, but Eli Whitney just happened to be the first to submit a patent application, and of course with only his name on it. The situation hasn't changed much today. Now, almost all patents are filed by large companies with maybe the inventor's name listed somewhere, but they don't own it. First come first serve puts an undue burden on smart people while giving an advantage to useless people who have nothing better to do than file repeated patent applications.

    5. Re:Eli Whitney cared by Anonymous Coward · · Score: 0

      Then Eli Whitney should have invented other things. If he was too lazy and fucktarded to rely solely on one fucking patent then he got what he deserved, that is natural selection taking its course.

    6. Re:Eli Whitney cared by Lars+T. · · Score: 1

      Ok, so maybe Eli Whitney's case isn't the best to use to support my case; however, my example is that particular device - or something similar - would be invented anyway even without patents. Indeed, your example proves my point there; the cotton gin was invented without the benefit of a good patent system!

      I think as long as people have enough resources and free time, innovation will occur just because some people like to innovate.

      Or things get stuck at a low level, because an improvement doesn't mean any more money for those who could develop something new. Or the new development is kept a secret, using violence to keep it that way.
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    7. Re:Eli Whitney cared by Anonymous Coward · · Score: 1, Insightful

      Eli Whitney, lazy and fucktarded, just because he applied for an evil patent? Who are you, the thought police? You gonna bust into my house next because I don't want to give you what's in my brain?

      I hope well for your immediate family despite their evident plight.

  20. ObOnion by Rob+T+Firefly · · Score: 1

    Microsoft beat them to the zeros (and the ones) in 1988.

  21. Article doesn't identify the patent. Here it is. by Animats · · Score: 5, Informative

    So we have an press release about a supposed Apple patent. The article doesn't identify the patent or give the patent number. Then we have a blog entry about the press release about the supposed patent. That doesn't identify the patent. Then we have the Slashdot article about the blog entry about the press release. Which doesn't identify the patent either. The end result is a clueless Slashdot article.

    The actual patent is US# 5,864,868 (Contois, January 26, 1999), "Computer control system and user interface for media playing devices". The main claim is:

    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, comprising the steps of:
    a) simultaneously displaying on a display device, at least two individual data fields selected from music categories, composers, artists, and songs;
    b) selecting at least one item from at least one of the data fields;
    c) in response to step b), redisplaying all data fields not having an item selected therefrom with data related only to the at least one item selected in step b), and simultaneously maintaining all items originally displayed in the data fields with at lest one item selected therefrom;
    d) selecting an item in the songs data field in response to step c), and
    e) playing the selected song item from step d) on the computer responsive music device.

    So it's an interface for a specific format of playlist interaction. Some players might have to change their interfaces a bit. Big deal.

  22. Re:Apple got a patent on not playing games by be-fan · · Score: 4, Informative

    Practically identical to PC hardware but much more costly, which is exactly why I stick to PCs, especially now that you can run OSX on just about any PC.The reason most software companies don't port games to mac is because the audience is so much smaller it's just not worth their time and money. Have you looked at Mac prices since the Intel transition? All across the lines, the machines are extremely price-competitive. The iMac and Macbook are within 10% of a comparable PC, and the PowerMac severely undercuts a comparable PC (even if you build it yourself!). Just about the only machine that still carries a premium is the Macbook Pro.
    --
    A deep unwavering belief is a sure sign you're missing something...
  23. Cheaper To Fight It by DrKyle · · Score: 2, Interesting

    If I was one of the corporations that Apple tried to extort by buying this patent I would just form a nice alliance of lawyers with the other "infringers" and fight the thing tooth and nail. There is probably a better chance of spending 100 million getting the patent voided than giving Apple a billion and bending over.

    1. Re:Cheaper To Fight It by GigsVT · · Score: 1

      Either way that's 100 million taken out of the economy for "broken windows". Patents, for the most part, no longer fulfill their constitutional mandate of "promoting science and the useful arts (engineering)".

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Cheaper To Fight It by Peter+La+Casse · · Score: 1
      If I was one of the corporations that Apple tried to extort by buying this patent I would just form a nice alliance of lawyers with the other "infringers" and fight the thing tooth and nail. There is probably a better chance of spending 100 million getting the patent voided than giving Apple a billion and bending over.

      If you were one of the corporations that Apple tried to extort, you'd be a sociopath, willing to fund a shadow war of assassination and terror to dominate your market. Sue you for patent infringement? Be a shame if something were to happen to all those nice Apple stores. I, for one, am glad that you are not a corporation.

  24. How is it possible by JustNiz · · Score: 1

    to even get a patent when there is so much obvious prior art already in exisitence?
    Are the patent office asleep?
    More to the point, why can apple think they stand a chance in court?
    Surely everyone apple attempts to sue can easily get out of it by proving they had prior art?

    1. Re:How is it possible by cbuskirk · · Score: 1

      Apple knows it would not stand up in court. It also knows it is valid enough that they could get sued, so Apple bought the patent from the company who threatend Apple with it before they got tied up in a messy legal battle dealing with another stupid patent aka the Creative BS.

    2. Re:How is it possible by the_humeister · · Score: 1

      More likely they're overworked and underpaid.

  25. Re:Article doesn't identify the patent. Here it is by Anonymous Coward · · Score: 0

    ..."AN" press release...

    Dumbass!



    As it's worded, it could cover virtually EVERY portable device that plays music. That's not just a slight change to their interfaces, that's a major overhaul and millions of dollars lost to update them all.

  26. Developing Drugs Costs Big $$$ by Anonymous Coward · · Score: 1, Insightful

    Necessity for drugs is not going to drive development. Money is. Do you think that a group of just plain nice people . . . are going to get together . . . and decide, "Hey! Let's invent the next drug to cure $someDisease?" That hasn't happened yet, and I don't think it's likely to in the near future either.

    Here's why it's not going to happen, and here's also the argument for why pharma companies need strong patent protection:

    Pharma research costs big money, because 1) paying your PHDs to do the research, and maintaining research facilities, costs quite a lot, and 2) the FDA approval process is costly and takes years.

    If a pharma company pays big money to develop a drug, and then pays big money to go through the FDA tests, and then, on the day they start selling the drug, a generic manufacturer sells the same thing and cuts them on price--it's going to be very hard for them to recoup their investment and work on their next drug.
    The generic manufacture would have received the benefit of the original pharma company's research, without investing a single cent of their own in research. Which isn't exactly fair.

    (Pharma is a funny industry because on the one hand, medicine has the potential to improve the quality of life of tons of people . . . and on the other hand, pharma companies are businesses, just like an investment bank or department store. Arguably, we should think about businesses which manufacture things that affect the public welfare in a different way than we think about other businesses. But that's another different interesting issue.)

    1. Re:Developing Drugs Costs Big $$$ by GigsVT · · Score: 2, Insightful

      Necessity for drugs is not going to drive development. Money is.

      Exactly, and there's no reason patents are needed. Other industries still make products there is demand for, without ever registering a single patent.

      Pharma research costs big money, because 1) paying your PHDs to do the research, and maintaining research facilities, costs quite a lot, and 2) the FDA approval process is costly and takes years.

      They spend more on advertising than they do on research. The FDA thing is another government created problem that can be done away with as easily as the patent system. The risk of lawsuits is so great that the phrama companies will still be plenty careful about what they release. If anything the FDA gives them permission to be sloppy as it stands now. They only have to do the minimum required for approval, nothing more. A private branding mark of quality, similar to UL, can be used instead of FDA approval.

      on the day they start selling the drug, a generic manufacturer sells the same thing and cuts them on price--it's going to be very hard for them to recoup their investment

      Wah. Every other industry deals with knockoffs. There's nothing special about pharmacueticals. Most of them are not trivial to synthesize.

      without investing a single cent of their own in research. Which isn't exactly fair.

      Plenty of markets exist without ever involving patents. Those markets are generally very successful at providing the service.

      medicine has the potential to improve the quality of life of tons of people

      It does, which is why it's so much more important to eliminate patents here than anywhere else. I don't know why you want to support corporate handouts so badly.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Developing Drugs Costs Big $$$ by DECS · · Score: 1

      Right - there are incredible contributions made by academia. There is also a huge amount of research and development directly financed by the US government, which is also not profit based. In the projects I was involved in at an academic environment (San Francisco General Hospital is primarily staffed by the University of California, San Francisco), about half were government funded; another half were funded by indepenant groups, including pharmaceutical companies.

      Where does academia get its money? Outside of the government money invested in the general health of the population, it comes from corporate interests who sponsor technology research for future potential of profits.

      Without a profit incentive, leading research wouldn't be considered. The government can't afford to finance ideas that aren't likely to result in immediate cures. Government research is very conservative in its approach, while the "big drug companies" are prepared to risk more in order to deliver the potential for profits.

      Things are messed up in a lot of areas, but without drug patents, drug companies wouldn't, for example, invest money to develop solutions for problems that only affect a small minority of the population.

      We already have drugs today that have gone generic, and since they lack any profit potential, are left unresearched. These drugs have other applications, some of which are known, but since the FDA requires extensive and very expensive clinical trials to prove the effacacy and safely of any drug, nobody is doing anything about it.

      Without FDA rules, anyone could release potentially devistating drugs without any accounting for their liablility.

      That's how software works today: it's wholly unregulated, so anyone can release anything and claim it works, even if it doesn't. Imagine if your dad's heart medication worked as well as Windows, or required as much expertise to take as Linux, or if you needed to buy a new version every two years like Mac OS X!

      The only open-source style development creating drugs today are the people breeding new strains of marijuana. Illegal drugs have their own profit motive.

      After my bike wrecks, I was taking Flexeril, a muscle relaxant that knocked me out and kept me from working while I recovered. Then I discovered a new drug called Skelaxin, which not only worked, but didn't disrupt my life. It cost something like $80/bottle, so without insurance, I would have been laying around in a flexeril coma instead of rapidly recovering and being able to do things.

      So I'm a bit of a fan of expensive drug research willing to do the work to find a $4 pill to sell at a profit. Soviet-style state sponsored health research wouldn't likely see that as a priority.

      --

      iPod vs Zune: Microsoft's Slippery Astroturf

  27. Apple forgot to pay... by Anonymous Coward · · Score: 0

    my Royalties for my patent on ludicrous press releases.

  28. I am laughing hysterically... by DamnStupidElf · · Score: 1

    ...at the total inability of digg to scale. 60 users can control the entire site?

  29. May be the spark... by guruevi · · Score: 1

    If Apple follows through on a "good" patent and pisses off a lot of people, it might just be the spark to get the current patenting overturned and software patents outlawed.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  30. Som3how w3'll g3t around it by Anonymous Coward · · Score: 1, Funny

    G3n3sis

    Chapt3r 1
    1:1 In th3 b3ginning God cr3at3d th3 h3av3n and th3 3arth.
    1:2 And th3 3arth was without form, and void; and darkn3ss was upon th3 fac3 of th3 d33p. And th3 Spirit of God mov3d upon th3 fac3 of th3 wat3rs.
    1:3 And God said, L3t th3r3 b3 light: and th3r3 was light.

  31. Since we're on a patent rant today... by bill_mcgonigle · · Score: 2, Informative

    Science Friday had a good episode last week covering some of the more absurd patents and the culture at the USPTO.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  32. Check out Apple's wrongdoing 'n' malfeasance by CensorsAreBadPeople · · Score: 0
  33. Re:Article doesn't identify the patent. Here it is by blhack · · Score: 2, Interesting

    that is a big deal. This is apple taking what is more or less the standard way of interfacing with a media device, patenting it, and then taking people to court if they don't want to change. Lets say i start a laptop manufacturer. My laptops are okay, but still don't really sell very much. Well lets say that I use the money that i have made to hire a bunch of lawyers. We find out that it has not been patented to power a laptop with a portable source of power. So we patent it, then sue everybody who doesn't stop using batteries. What apple has patented is just the logical way of doing it. I guess that is a business tactic. Its just a very slimy one, and a very good example of how patents can be very very bad.

    --
    NewslilySocial News. No lolcats allowed.
  34. Defensive litigation by cinderful · · Score: 1

    Maybe Apple isn't just getting this patent to create an offensive, but rather as a defense.

    Companies are attempting to overcome their lack of creativity/ingenuity by litigating a profit.
    Thanks to the patent office's less-than-picky gratning process, there are a LOT of seemingly obvious and redundant patents floating out there.

    I think that more situations will come up as companies attempt to assault Apple's #1 iPod/Music Store slot and incresingly their other software and hardware ventures.

    What I'm talking about is the Creative situation - Creative gets mad that they're getting their ass handed to them by Apple and they can't pull together a decent product - so they look in their patent portfolio and find something to beat Apple with and shut them down legally . . .

    Except that Apple turned around with a stack of way scarier patents to shove in Creative's face and said "Ok, we were playing nice and just plain out-smarting you but you've made us mad and we're going to match your 'play dirty' scheme"
    Creative didn't really stand a chance.

    A patent like this, and probably many others that Apple has, means that Apple can defend off OTHER company's offensive patent challenges.

    1. Re:Defensive litigation by kill+-9+$$ · · Score: 1
      This is often my take on software patents. Its kinda like the old mutually assured destruction scenario with respect to nukes. The problems here though is that:
      • you've got a lot more companies with patents then you have countries with nukes (making it difficult to determine who's your friend and who's your enemy... Apple is my friend, the cute commericials tell me so...)
      • And I, like many others, are effectively the 3rd world countries in the game. Without "bombs", so we just hope that the big boys don't notice or are forgiving and don't take us out, which is a frustrating prospect potentially stiffling one's creativity
      --

      -- A computer without COBOL and Fortran is like a piece of chocolate cake without ketchup and mustard
    2. Re:Defensive litigation by Maarek_1 · · Score: 1

      Is this why Apple settled out of court by paying creative 100 million dollars? Sorry but your whole Apple playing nice comment has no standing in the actual facts of this matter (or their approach to legal dealings on other matters). Not sure if you followed the story but prior to the ipod's release, Apple approached Creative about a joint product based on the Jukebox design. It fell through and amazingly the Ipod comes out a few months later with a remarkably similar UI design. Had Creative been awarded the patent in 2001 or 2002 you would have seen a lawsuit then but as it took several years for the patent to be awarded it was delayed until last year.

      Creative had other reasons to not like Apple (many stem from Apple's mostly ignored torpedoing of the Live! Macintosh card around the time of their backout of the joint MP3 player overtures) other than just the Ipod and there is no doubt that Creative was out for blood. Also there is no doubt in my mind that Creative was ultimately hurt by their so called war on the Ipod. I think they would have done much better had they just introduced their players which are generally regarded as well designed and feature rich. Instead they turned it into an us vs. them mentality against a company that specializes in us vs. them marketing (Apple is so good at this that they even manage to have a huge backing on /. despite the fact that their policy is to close their OS to any non-apple hardware).

      I know it's fashionable to bash on Creative on /. due to this lawsuit, but I do feel that they had a reason to feel infinged upon. I read the patent when it was initially posted that it was awarded and my reaction was that it was pretty obvious then in 2005 but maybe not so in 2000/2001 when it was applied for. At that time most music files on MP3 players were sorted by folder levels and ID3 tags, but this system used a database and flat file system. This was novel enough that Apple also filed for the same patent some time after Creative. I don't feel that Creative was litigating to overcome a lack of R&D or inginuity but rather their management felt that Apple was profiting from something they had (in the eyes of the law at least) developed. The settlement I think supports that view (as true patent trolls would probably hold out for more especially if they had the kind of cash position Creative had at the time...low debt and quite a bit of money in the bank). Instead they settled and other than a few statements do not appear to have gone after anyone else.

  35. I for one... by ThePopeLayton · · Score: 1

    welcome our new billion dollar patent weilding overlords

  36. Re:Apple got a patent on not playing games by VGPowerlord · · Score: 3, Interesting
    Wow, you're a bright one aren't you? Take a look at Mac hardware... it's practically IDENTICAL to PC hardware, including that of graphics processors. The problem isn't hardware, it's software companies not willing to port games on mac. And from what I've seen since I bought my MacBook, any games that are on here run so damn well that it's not funny.

    It's also been that way for all of a year now?

    Then again, software these days rarely, if ever, interact directly with the hardware. APIs are what matters now, and unfortunately APIs are something Microsoft has in spades.

    Microsoft pushes for developers on Windows to use DirectX so that the game they create aren't portable. If they were to use OpenGL, or even worse for Microsoft, SDL, they could build portable games. Do you really think Microsoft wants that?
    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  37. Secret Underground Patent Lair by Kadin2048 · · Score: 1

    "Sometimes it's easy to break an invention down to its key components," Starkweather says. "That's why patent writing is an art, not a science, and requires creativity."'

    The only things this sentence misses are the stage directions, which should have him sitting in a high-backed leather chair, petting a cat, and subsequent maniacal laughter...

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  38. Re:Apple got a patent on not playing games by mythz · · Score: 1

    Have you looked at Mac prices since the Intel transition? All across the lines, the machines are extremely price-competitive. The iMac and Macbook are within 10% of a comparable PC, and the PowerMac severely undercuts a comparable PC (even if you build it yourself!). Just about the only machine that still carries a premium is the Macbook Pro. Not only that, you cannot get anything remotely close to the form factor and build quality of an iMac for any money. I would consider an iMac a bargain in comparison to an equivalently priced PC!
  39. Re:Apple got a patent on not playing games by daverabbitz · · Score: 0, Offtopic

    and the PowerMac severely undercuts a comparable PC (even if you build it yourself!). No it doesn't. Typical Mac distortion field at work.

    An example of Mac pricing, have a look at Apple's 30" Cinema LCD, then have a look at Dell's *identical* OEM part, which is just over half the price. And in NZ Dell give you a "free" GFX card "worth" $900NZ with it (quotes added to signify that you are in fact paying for them, it's just included in the price).

    And don't tell me the Apple display is better, because they are made from the exact same OEM LCD, the only difference is the Apple one has an ugly silver (white?) frame, whereas the Dell comes in an unobtrusive black.
    --
    What could be better than a jet powered motorcycle? http://www.youtube.com/watch?v=u8l6GTHLSWE
  40. no reason for patents by Anonymous Coward · · Score: 1, Insightful

    This is just another grokdot patents are evil I know because I pulled anecdotal evidence out of my $%^$%^ argument.

    The argument is POINTLESS and INNANE due to the fact that people have spent great effort (multitudes greater than what is on face here) researching hard data in attempts to determine the effects of patent policy on innovation. The conclusions that the overwhelming majority reach fall somewhere in between 'patents are worthless' and 'patents are perfect'. Without even attepting to build on this body of work in fashioning an argument is hilariously unpersuasive.

    1. Re:no reason for patents by GigsVT · · Score: 1

      If you don't like pragmatic arguments, then what about ethics. It's not ethical to have the government grant artificial monopolies on ideas.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  41. Re:Article doesn't identify the patent. Here it is by Anonymous Coward · · Score: 0

    You fucking idiot. You do know that a patent can be overturned if there's prior art, don't you?

    Oh wait, my bad. You just don't know what you're talking about.

  42. Re:Article doesn't identify the patent. Here it is by CmdrPorno · · Score: 1

    Anyone sued for violating the patent can argue that displaying the artist, title, and/or track is a necessary or essential part of an MP3 player and therefore not patentable.

    If this patent were so valuable, why haven't they started enforcing it?

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    Sent from my iPhone
  43. Re:Apple got a patent on not playing games by iamsolidsnk · · Score: 1

    We aren't talking about displays, we are talking about computers. If you are going to refute his statement about the PowerMac, how about offering up some hard evidence, instead of unrelated banter on Cinema displays.

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    Here I am, here I remain.
  44. Re:Apple got a patent on not playing games by DECS · · Score: 1

    Dell's prices are often absurdly low in specific areas. It's called a loss leader. If you have a business relationship will Dell, they will commonly offer you free laser printers just to get your company to standardize on buying other stuff from them, including, of course, toner carts.

    So you're picking out a Dell loss leader, particularly in an area of highly visible, extreme price sensationalism, in exchange for comparing real PC prices.

    In reality, Dell PC systems are very similar to Apple's pricing, because both use the same components. Dell, like most PC makers, often also targets the low end with older technology in its cheapest machines, something Apple doesn't do (because it would canabalize the finite sales of the Mac market). So Dell offers a wider range, something that is an advantage for a lot of its customers. That doesn't make their mainstream and higher end PC's cost less however. In fact, on the high end, the Apple Mac Pro currently costs signficantly less.

    Apple sells its high end 30" displays as a profitable product accessory, while Dell chooses to sell its big displays at razor thin margins. Good for them! Both PC and Mac users can buy Dell's displays, which are not only pretty much technically identical, but often also offer analog circuits so they can be used like a TV as well. The only major difference is that Dell's published display tech specs are wildly optimistic, while Apple's are just plain accurate.

    That has nothing to do with the price difference between Macs and PCs, and repeating The Myth of Apple's Expensive Macintoshes doesn't make it a truth.

    Of course, the price of hardware is pretty much negligable in IT compared to the costs of support and software.

  45. Re:Submited by Daniel Eran by DECS · · Score: 1

    Nothing screams legitimacy like some random googlepages screed in all caps.

    You should have pointed to your Digg posting, similarly burried, which ranted about my "GAMING DIGG!!!! PROOF!!!" or the handful of snotty comments you post on digg because I criticized Microsoft's business strategies and marketing of the Zune.

    Perhaps you need to find something more useful to do with your life than anonymously hang on my coattails, Lackawack2. You're not that fun to hang out with and you have nothing interesting to say.

    That's a better definition for "spam" than some RDM articles you find threatening to your world view or the companies you idolize.

    Nobody forces you to agree, so why do you try so hard to censor ideas you don't like? Do you hate freedom?

  46. and me too by pimpimpim · · Score: 1

    If the site allows wars like this to go on, apparently they need to rework their moderation engine. Still I'm very glad Digg is existing, as slashdot became a lot more useable. It's very nice that the noisy people found their medium and soulmates there.

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    molmod.com - computing tips from a molecular modeling
  47. ignorance or bullshit by It's+a+thing · · Score: 1
    Open source software is an example of non-commercial development work
    Sigh...
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    Staring at a white background [on a computer screen] while you read is like staring at a light bulb — Maddox
  48. A better summary by ArtDecayed · · Score: 1

    Apple Insider (no, I am not affiliated with them) has a better summary here.

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    'The best thing about deadlines is the wonderful WHOOSHing sound they make as they go by.' - Douglas Adams
  49. Re:Apple got a patent on not playing games by dangitman · · Score: 1

    An example of Mac pricing, have a look at Apple's 30" Cinema LCD, then have a look at Dell's *identical* OEM part, which is just over half the price.

    I doubt they are identical. Apple displays use a different screen technology to most of the displays on the market, which gives a wider viewing angle. Furthermore, does the Dell come with Firewire ports on the display?

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    ... and then they built the supercollider.
  50. Re:Article doesn't identify the patent. Here it is by darkmeridian · · Score: 1

    "Some players might have to change their interfaces a bit. Big deal."

    Well, that and the cost of damages for prior infringement over the last ten years, attorney fees, and any additional punitive damages for willful infringement or inequitable conduct before the US PTO. Of course, changing the interfaces to get around this patent may render a portable audio player uncompetitive. Other than that, not a big deal.

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    A NYC lawyer blogs. http://www.chuangblog.com/
  51. Re:Apple got a patent on not playing games by be-fan · · Score: 1

    Your post makes no sense. I say something about the PowerMac, and you come back with something about displays? Look at the mid-range PowerMac. At $2500, it comes with a pair of 2.66 GHz Xeons, 1GB of FB-DIMM, a 7300GT, and a 250GB HDD.

    Even online, those are $700 processors. A dual-channel Woodcrest motherboard will run you close to $450 (there are $350 ones, but those are only dual-channel). A pair of 512MB DDR2-667 FB-DIMMs will run you about $180. Throw in another $50 each for the 7300GT, the HDD, and the DVD burner, you're looking at $2200. That leaves you $300 for the PSU, case, cooling, keyboard, mouse, wifi card, and OS. If you cheap-out on all of those things, you might make it under $2500. If you put in parts comparable to what Apple does, you have no hope. The PowerMac's have a 1KW workstation-class power supply. 1KW is probably overkill, and from a total quality perspective a 600W-700W Seasonic is very comparable. Those will run you $150-$200. The PowerMac case is a good 20lbs of aluminum plate with a very sophisticated, microcontroller-controlled cooling system. If we ignore the whole styling issue, I consider a $100 Antec P180 a good alternative (I have both). Throw in another $100 for accessories, and $0 for Linux, you're at $2580 for a machine that's truely comparably-equipped. That's assuming you get free shipping on everything, and never hit sales tax on anything. In practice, you're looking at another $100+ in shipping charges.

    That's close to $2700, and you still haven't factored in labor costs or the fact that the home-built machine has no warranty. Then there is the whole resale thing. A Mac keeps its value extremely well. My $2500 October-2005 PowerMac would still fetch $1800+ on EBay. My $2000 August-2005 home-built might fetch $600-$700 (if that). A 3-year old home-built PC is worth next to nothing, while a 3-year-old Mac might still fetch a third of its original price.

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    A deep unwavering belief is a sure sign you're missing something...