Apple Sued Over Fundamental iTunes Model
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.'"
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.
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!