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Apple Sued Over Fundamental iTunes Model

Posted by Zonk on from the who-says-patent-reform-isn't-working dept.

tuxgeek writes "A suit was filed Wednesday against Apple over the possibility that the iTunes music store and iPod are 'illegally using a patented method for distributing digital media over the Internet.' ZapMedia Services filed the suit, accusing the well-known OS and computer manufacturer of violating patents obtained just recently. 'The patents in question cover a way of sending music and other digital content from servers to multiple media players, a broad description that could also apply to a wide swath of other companies selling digital media and the devices to play it. ZapMedia said it met with Apple to discuss licensing, but Apple rebuffed the offer.'"

6 of 257 comments (clear)

  1. Re:You would have though they would notice sooner by digitig · · Score: 3, Interesting

    One of the two patents wasn't granted until Tuesday (although the application was made in 1999). Presumably they didn't think "hmmm, we have a patent on that" because they didn't. The other patent is a bit older, but not that much. Still, reading the RA makes it so much harder to think up sarcastic comments, which is probably why it's so unpopular here.

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  2. Not the best article about the topic by Reality+Master+201 · · Score: 5, Interesting

    Have a look at:

    http://www.appleinsider.com/articles/08/03/12/apple_sued_over_foundation_to_ipod_itunes_franchise.html

    ZapMedia claims in its suit that after filing for the patent, they went around to various tech companies - Apple included - and pitched the idea in great detail. This was before the launch of the iPod or iTunes.

    I still think this shouldn't be a patentable thing, but the suit is less wildly without merit than the article linked in this story would suggest.

  3. There's a lot of leeway in federal cases by Reality+Master+201 · · Score: 5, Interesting

    It's called venue or forum shopping, looking for a place to file suit where you're more likely to get a favorable result:

    http://en.wikipedia.org/wiki/Forum-shopping

    East Texas is apparently well known as a venue for patent suits, as the judges there tend to find in favor of the plaintiff more than the national average.

    Yay America!

    1. Re:There's a lot of leeway in federal cases by reebmmm · · Score: 4, Interesting

      First, Texas has typically been favorable to plaintiffs of all types.

      Second, the Eastern District of Texas has fashioned themselves as a Rocket Docket where litigation occurs much faster than elsewhere in the country. The Western District of Wisconsin is similarly situation.

      There's, of course, lots of advantages to being in a rocket docket: few delays, short discovery, and quick results.

  4. Re:When will they learn by terraformer · · Score: 3, Interesting

    Ahhh... They almost did and you want to know what your knights in shining armor did? They exempted themselves from having to abide by the patent (effectively telling RIM that they could continue to service the US Govt) and basically told the rest of us we could go screw. A few weeks later RIM settled for $385 million or so. So what was that idea again?

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  5. Re:You would have though they would notice sooner by RelicofaMan · · Score: 3, Interesting

    Audible.com was using the this model in November 1997. They had a web site you browsed, purchased content, and then downloaded it to a player that played the licensed content in a controlled format. No Sharing! So this patent was filed 1-2 years after that?? What's unique about the patent and the idea?