Apple Faces Patent Case Regarding iTunes Store

Posted by: Josh Walsh in Design.

Apple Computer, and it’s co-defendants Microsoft, Napster and Rhapsody are being sued by Sharing Sound LLC, who holds the rights to a patent for web based music stores.  A similar suit has been filed against Amazon, Netflix, Wal-Mart, GameStop and Barnes & Noble.

Abstract from Patent 6,233,682:

The system and method permit the purchase of audio music files over the Internet. The PC user logs onto the vendor’s web site and browses the songs available for purchase. The songs can be arranged by artist, music style, etc., as mentioned above. Further, the vendor can provide suggestions on the web site, directing the PC user to songs that might be desirable, based on that PC user’s previous purchases, her indicated preferences, popularity of the songs, paid advertising and the like.  If interested in a song, the PC user has the option of clicking on a song to “pre-listen” to it–hearing a 20-second clip, for example. [...]

As is true of many software patents, this is just bogus.  They’ve patented the traditional ecommerce workflow, specifically targeting the music industry.  The patent was filed in 2000, one year prior to iTunes premier.

If I had the rights to a similar patent in the t-shirt niche, you couldn’t open a t-shirt website without infringement.  You couldn’t organize by brand or designer.  You couldn’t recommend other products to upsell based on shopping habits. Heck, you couldn’t even show a preview image of the design on the front.

After a little research, I couldn’t determine exactly what business Sharing Sound, LLC is in.  I’m assuming they are in the business of litigation.