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.'"

Comments

Not the best article about the topic

[Reality Master 201]

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.

There's a lot of leeway in federal cases

[Reality Master 201]

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!